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Child Support and SSI

My child's father is on SSI and is court ordered to pay child support. I am told they can not garnish his check. I am also told they can not take his license or put him in jail for not paying child support. He is out here having all kinds of kids and doesn't have to support any of them. I don't think it is fair that he can have 10-15 and not be held responsible. What can I do to have him pay child support?

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By Alexis S.

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December 4, 20110 found this helpful

First, who are they? Second, I would contact the attorney general's office in your state to find out exactly if there are any laws to attach his wages for child support. And lastly, I would contact an attorney that deals in this type of law. I know there are laws for spouses to contribute to child support or they can get arrested for not doing so but I do not know if this applies to SSI.

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December 6, 20110 found this helpful

You do need a lawyer first and foremost, to help you with this, and not just go by what 'they' say.

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There is a woman at work with 2 grown children. She is now receiving small past due child support payments from the state on behalf of her ex, as he has signed up for Social Security, but not disability. I don't know if disability payments can be garnished or not. Best of luck to you!

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December 6, 20110 found this helpful

First you need to file an order of support with your local court through the prosecuting attorney in your county or city. You do not have to pay a lawyer to get an order of support because there is no circumstance where a child is exempt from support. A lawyer will just drain you and it is not necessary. My guess is that the office of SSI will take care of it. Please do not take any and all advice and pay a lawyer. Go to the prosecuting attorney's office and file. You can do it on line in most places. If you go on line to your state prosecuting attorney they will answer you usually within 24 hours and tell you how to procede. Just type in your state and Prosecuting attorney and the proper page should come up.

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Anonymous
December 6, 20110 found this helpful

I am with Lilac's advice that there is no need for you to pay to hire a lawyer! The courts are there to help you!

Since the child's father is on SSI you need to go to your local Social Security office to see if your child might be entitled to Social Security supplement payments and since the child support is court ordered (must be signed by a judge) you can indeed have his personal SSI checks garnished so talk to your Social Security office about that too. I don't know who 'they' are but garnishment from disability (and retirement SS) for child support is the law as of the past couple of years!

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December 6, 20110 found this helpful

Sorry your ex mate is a dead beat! After 4 children and unable to pay his child support, the government should have the power to order him a vasectomy, but that's for another post. Go to your county attorney's office. They will advise you as to what can be done for you. It will be free. Your ex mate is disabled but apparently not too disabled for "NIGHT" work...Jk, Good Luck.

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As what I have read Social security disability and SSI can not be garnished for any reason? If he had enough credits to get SSDI, you would be entitled to draw SS on both your children. He could be getting SSI until he gets SSDI, make sure you know.

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July 24, 20150 found this helpful

Child Support orders that are court ordered and signed by a judge can and will be garnished from SSDI all you need to do is contact your local SS office. My daughter's child support comes directly out of his SSDI check monthly and she does not receive any other benefits as he usually worked jobs where he was paid cash and didn't pay enough into SS for her to receive any amount of benefits, they did inform me that once he dies my daughter will receive his full monthly benefit amount.

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November 1, 20150 found this helpful

Don't agree cuz my sister doesn't have custody ofbher child and the judge said he couldn't get child support cuz she was disabled and that money couldn't be garnished only social security which she don't get I mean basically the taxpayers would be paying for the child support unlike social security which is the money u paid in to get. And my dad has been receiving a check since 1980 and my parents divorced in 99 the court didn't put him on support either and he still gets a check but my mother hasn't got a penny of his money for his part of raising all 10 of us alone and its not fair!! Even student loans can't be garnished from disability only social security, income taxes, and wages...cuz the government gives that to ppl they wouldn't be getting any money back really just taking it back from themselves but social security ppl actually worked for that and the person is actually paying back from their money not the taxpayers...makes sense to me anyway

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November 1, 20150 found this helpful

What if the father isn't paying the child support and u have documented proof do they back pay the child for not getting the full amount the child is suppose to get??

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