Share on ThriftyFunThis guide contains the following solutions. Have something to add? Please share your solution!
You can call or visit your county court house, it must be the county where you live. They should have a child support enforcement office located there, in the building. They can help you with all of the steps that need to be taken.
If you are applying for help at your social services department, again in your county of residence, they also can help you with collecting child support from the absent parent.
By Crystal from Zebulon, NC
Receiving child support can have unexpected effects on the disability you are receiving for that child. This is a guide about child support for a child receiving disability.
Even if a child's non-custodial parent has died there is still a possibility that you may be able to collect support. This is a guide about collecting child support owed by a deceased parent.
Collecting back child support from the noncustodial parent can many times be a challenge. This is a guide about collecting back child support.
This is a guide about collecting child support without a separation or divorce. Collecting child support without a legal separation or divorce may be handled voluntarily or sought through an attorney.
There have been a lot of people lately asking whether or not federal benefits can be garnished for child support/back child support. There was a big article in my local paper, today, about this topic. 65% of these benefits have always been able to be garnished, but starting in March, the entire amount of the monthly benefits can be garnished.
This applies even when the children are adults. The reason this can be done when the kids are adults is because if the absent parent wasn't paying support while the kids were minors, the kids were receiving welfare. Therefore, when money is garnished from the absent parent's government benefits after the kids are grown, the money goes to pay the state back.
Hopefully this helps some of the people wondering about this topic.
Source: Article was in the Sioux Falls Argus Leader, but out of Washington.
By redhatterb from Sioux Falls, SD
When a parent who has been required to pay child support also receives Social Security, one or both parents may be confused as to how this works. This is a guide about child support payments and social security.
Ask a QuestionHere are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community or ask a new question.
If your ex was awarded a settlement from disability and you were awarded all your back child support in court, can the child advocate take it upon themselves to half that money up with another child obligation even though you have a court ordered paper saying it goes to you?
This is a very serious Legal matter that can only be settled by an attorney as you have 2 "agencies" to deal with and only an attorney will know your rights in this case and it may have to go back to court to be settled.
My husband was ordered to pay child support and left the country. Can I collect anything from his social security benefits? If so when? Thank you.
By Dimitra from Lilburn, GA
If your question is left unanswered visit your state's Department of Family Services.
Do you mean left your part of the US or left for another country? If he left for another country, you might have major problems. If you and he live in seperate states, that isn't real good either. My daughter has had trouble with child support from her "ex." States don't want to go after the absent parent unless they are between $5,000-$10,000 behind, because of the expense of bring them back to the state where the divorce and child support order took place. Is your "ex" currently on social security or are you talking about when he retires? You can't collect on it until he gets it, or if he would pass away, your kids would qualify for survivors benefits. Talk to you child support collection office, which in a lot of states is in the social services building, and they can tell you if they can take action or if you will need an attorney.
"States don't want to go after the absent parent unless they are between $5,000-$10,000 behind, because of the expense of bring them back to the state where the divorce and child support order took place."
This statement is not true. Domestic Relations will persue any case regardless of the amount owed. Moreover, because all of the states' domestic relations departments are interconnected with the Social Security Employer database there is no need for them to bring in the defendent into a particular state for a hearing. Employers are required to report all new hires and their SS numbers and this information is fed into a database that will bring up any judgements against them (like a child support order). Pay garnishment would be automatic. Also, if there is any tax refund owed to him, that will be attached automatically as well.
If he is paid under that table or if he left the country that would be a different issue until he is located.
You need to contact social security and the attorney general in your state to learn what the law is in your case and what your rights are. You may want to contact an attorney. You could check with your city hal to locate an attorney that will work for no fee if you don't have the cash to hire an attorney.
It is not a felony unless the back support is at least $5,000. There are other circumstances that will make it a felony at that level also, but it is not an automatic felony at that point. You used to have to sign up for the tax check to be given to you, but I received one this year again now. If your ex is out of the country he will likely not be forced to pay. It is difficult to get other countries to accept foreign warrants. Good luck and don't give up.
Depending on the state laws you are in. Many states attach it to tax returns, you can have your license pulled and be jailed for avoiding child support. You need to see a lawyer and/or humane services of your county if your child gets any services of any kind.
I married and divorced my wife in California. I had a child support order at that time. I remarried my wife in Nevada and was told that to remarry her in Nevada, she had to dismiss the California child support order from our previous marriage. California now claims the old order is still in effect. Is this correct?
By Jerry from Sacramento, CA
Have you asked an attorney about any of this? That seems like the best starting point to me.
Are you sure it is not talking about back child support? That would still be owed because that is money that is supposed to be used to feed, clothe & house the child with the assumption that the custodial parent is doing their 1/2 (or whatever % is theirs) so if money is not paid in it is like the custodial parent gave a loan.
I am confused :-( You're going to or did you already remarry the same woman in Nevada? Either way, why don't you just have her file in California court (shouldn't be difficult since it shows here that you live in Sacramento) to have the support dismissed? If it's back child support you will most likely need a lawyer but don't get your hopes up if she collected state assistance after divorce because California won't forgive that debt. That is money that is due back to the state for helping her and your children.
No back child support was owed. Nevada just said they wouldn't marry us with a previous court order.
There's a specific form your wife must sign to rescind the child support order. If she didn't sign it, unfortunately, the order stands. Ask your California CSEA how to go about this, and congrats on earning her love back. God bless you both.
My friend's disabled daughter is 30, works, and gets state aid and he is still required to pay child support. She still lives with her mom and does have the mental capabilities to tend to herself. She even has a boyfriend that wants to marry her, but mother says no because she would lose the finacial help. How can he get free of this? He lost his job and they are taking him to court. He is $1,800 behind and sinking.
By Sharon E
Their mother reopened the case 3 years after the last son turned 18. The son has been paying the back child support because he doesn't want his father going to jail. The father lost his job two years ago and lives with his older son. The court hearing is in a few days, do you think they will throw it out or do you think the son is going to have to pay the rest of it?
The best thing to do would be to talk to your local office of child support collection. However, I am sure the father can find some kind of job, it might not be what he wants, but there are jobs out there - flipping burgers, etc. I have heard Judge Judy tell absent parents that if nothing else they can get out there and pick up cans to sell, so that they can support their kids. It isn't right that the son is paying child support to keep his Dad out of jail. What happens when the son wants to get married? Furthermore the Dad is supposed to be the most mature person there, and should take responsibility.
You do not say why the father is not working or able to pay this back child support (arrears). If he can show the court that he is not able to work or applying for Social Security Disability they may take this in to consideration. Is he receiving Social Security Supplement Income (SSI) if so the court will more than likely excuse the arrears as someone who receives SSI cannot pay child support. Cannot fully answer your question without knowing the circumstances of the debtor parent (father).
She should have gone after the father before her last son turned 18. Why is she taking money from her son who is probably trying to get established in his life. Not only is he paying his dad's debt, but his dad is living with him. His mother is also living off of him. The poor kid has two dead beat parents. Both parents should be out looking for work and not sponging off of their children.
I'm 69 years old and would be embarrassed to sponge off my kids!
My daughter is on Social Security Disability. Her 14 year old son desides he wants to go live with his father. The family court judge granted his wishes. My daughter now has to pay $175.00 a month child support. She even has a daughter to care for but that didn't matter to the family court. She is struggling so. We try to help her when we can. Being on Disability doesn't mean you do not have to pay child support.
I recently found out that my grandmother was getting a child support check for me and I wasn't in her care nor custody so I have never seen the money. Is there anyway to get that money now that I am aware of these actions?
My child is an adult and no longer lives with me. Her father owes back pay in child support that he is paying it out of his SSI. Will my daughter receive the check with her name on it because she is an adult or will I?
If my son's dad is collecting retirement benefits can I collect child support? And how do I find out and get started? Thank you!
Can a biological father be made to pay child support for children who, because their mother having been re-married for 1 year, filed for and did receive survivors benefits from the Social Security Administration from the recently deceased spouse? No adoption took place, the children were not his biologically, and still carry the birth father's last name. The children were conceived out of wedlock, and paternity was never established. All children now over the age of 18. Thank you.
Does anybody know how I can collect child support benefits from my ex husband who is currently collecting VA benefits and is enrolled in school getting that paid for too. He has 2 grown children and has never paid any support and will probably never get a real job. He lives off woman and their money. Can I get his benefits garnished? Does anybody know?
I am posting this question to your forum regarding my child who is 6 yrs. old and the father is a 78 year old American. The father of my child is now disabled after his stroke and heart attack. He cannot remember anything anymore so he has had a guardian appointed by the clerk of the court. Because of this, how can I get my child support? What should I do? I am in the Philippines; I bore my child out of wedlock.
I hope to get help from here. Thank you.
If the father had a large change in income from 76,000 to 101,000 and did not tell the mother, however his income has dropped back to 85,000 per year now, how does that work? Shouldn't he have been obligated to report such a significant change?
My child is 18 now and her father only made one payment and that's because we go to court next week. He made the payment this month; what will the judge do? He always quits his job and he never files taxes.
By Keisha from Fort Worth, TX
My boyfriend and I have two kids together. Our oldest he pays child support for. If we were to get married would he still have to pay child support for our oldest?
If you are living together, he shouldn't have to pay child support at all. If you have two kids together, why isn't he paying child support for both of them and is the child support he's paying for the oldest one court ordered. This just doesn't make any sense. When people live together and have kids one or both parents are supporting the family any way.
Hi - I agree with the other poster - this does not really make sense? Seems if you are living together - support would be mutual between both parties? Perhaps there is more than you are stating?
The custodial parent has not ever gotten support from the noncustodial parent for child who's 9 years old. Also back pay may have already been paid to the noncustodial parent because he lied and said the son lives with him. I already sent papers of custody for the custodial parent in October 2011. I never heard any thing about it. What's next? I need help first.
I don't understand, is it your "ex" that claimed the child lived with him and were you paying child support or what? Call the Department of Social Services in your area and ask for child support enforcement. They should be able to help you.
If you mean the non-custodial parent has recieved social security back pay. Social security does not pay back pay for dependants but the payment starts after a parent goes to the office and signs a child up. This is done after a person has been apprved and starts drawing social security. If you think this non-custodial parent signed up the child as thier dependant, you need to make an appointment (or just go) with the social security office. You can call and may get some of your questions answered. they are always most helpful. Good Luck.
I was wondering is there anything I can do about my ex collecting survivor benefits from her son's biological dad's Social Security and child support from me? I found out my son wasn't mine when he was 5 and shortly after that his mom changed his name cuz she found out his biological dad had passed away so she could receive benefits. I am paying child support for him still while she receives survivor benifits.
He still has his original name also, so idk if he has two socials or one with two names! Is there anything I can do? I just don't think this is fair because I have other children I can do more for.
I am trying to get child support from my son's father and the child support agency put a $0 amount on him because he wasn't working. I called and they looked in their computer and saw he had earnings from June. I applied for a modification. Could they make me pay him child support because I make more money than him from my veteran's disability?
I am a 23 year old mother of two. At first I lied to child support so that my baby's daddy would not have to pay anything because I was stupid and thought he would step up and be around. Now I have two kids by him and he still does nothing!
If I go back to child support and tell them I know who the father is will I get into trouble because I get food stamps, cash assistance, and have a medical card, and his name is not on either one of my son's birth certificate? Please help.
By Shorty Lo
My ex husband received the order signed by the judge, but he only paid 25% of the order. What can I do to make him paid the rest?
By M R
ThriftyFun is one of the longest running frugal living communities on the Internet. These are archives of older discussions.
My husband's ex owes back child support, around $2500.00. Every time she gets a job and child support comes out she quits. Recently her other 2 childrens' dad died and now she receives Social Security for them.
Is my step daughter entitled to that money since it is a source of income for her mother? The egg donor as we call her, because she has no contact with my step daughter (the mother's choice) is only ordered to pay $60.00 a month. Any help would be greatly appreciated.
By beils77 from VA
The Survivors Benefits being sent are for the children, with the mother as the representative payee. In other words, this is not considered to be her personal income for tax purposes. (05/10/2009)
Yes you should receive child support for your daughter. Have you contacted your local friend of the court office? If you would like to chat more, please e-mail me and I am sure that I can assist you.
ACES chairperson (05/14/2009)
I'm so sorry to hear about your dilemma. We have been in the same boat all of our married life. My step daughter just turned 19. Anyway, from our experience and friends of ours, we have seen that, unfortunately, the child support system seems to go after dads, but not so much moms.
I do know, however, that with the support bureau in our area, the "squeaky wheel gets greased". In other words, your husband needs to become a pest and call or write them a couple times a month. If they will even talk to you, you can too. They can attach her taxes as well and you will get her tax refund if she is behind by so much. One very important thing I learned the hard way, don't let your step daughter know what is going on. Try your best to not talk about $ issues with her mom in front of her. Good luck! (05/14/2009)
This will be unpopular advice, I know. But I have raised several stepchildren, and child support was rare. When you start worrying about that check that never comes, sooner or later the child becomes the victim. I say that not because of the lack of money, but because of the sense of abandonment. The child feels torn, and undervalued because the check is so important that you are upset about it, and because the delinquent parent thinks so little of her as to avoid her and refuse to support her. My advice is to forget the money. Love the child. If she wants to pursue it when she is of age, that is her prerogative. Give her a hug and your blessing. (05/14/2009)
lah34a is correct. The Social Security Survivors benefits are for the surviving children from their deceased father and are not considered her income. However, if she receives a check also as a surviving spouse, that is her income and could be considered in collecting child support.
Beils77 I don't know how your state works, but in NC if you go thru the court system (which I highly recommend), with your child support then, when they get behind and they go to get their drivers licenses renewed it will pop up failure to pay. It will not tell the examiner what it is, but they can't get their license until they pay it. Most all who are behind in child support know what it is when told they can't get their licenses. (05/14/2009)
By Teresa Kay