My children's father owes me about $50000 in back child support payments. He just won a social security disability case and will get a lump sum. I was told that no one can make him pay child support with his lump sum. Can anyone tell me how I can make him pay?
Pam from Georgia
It is my understanding that when a parent collects disability, each of that person's children is also eligible to collect SS disability payments, too. You may already know this. But I'm not sure about the catching up part. Good luck.
Editor's Note: It might be worth calling the SS office to check, but his children should be getting their own benefit, as well as, possible back pay and if you are their guardian, you will be the trustee. (03/25/2007)
By Ariela
I would check with the attorney general in your state. Many states will attach the bread winner's pay. Or maybe you could check with a legal service. Most states have such a service for folks who can not pay an attorney. (03/26/2007)
By Deanj
The child support bureau, the court system in your area needs to be made aware of his lump sum, and the SS office needs to be made aware that he is behind in child support. ASAP. Your kids are entitled to their portion. I went thru a similar situation and my childrens' portion was taken out before my ex ever received his. Unbeknown to him (not a happy camper was he, but oh well). Good luck with this and hang in there and be persistent. You might also try Legal Aid in your area for help. (03/26/2007)
By Jule
You need to contact the district attorney in your county because they have a unit for child support recovery. They will know what to do. I would act quickly.
(03/27/2007)
By clh
There is a mix up in what kind of payments being received by the other parent. If he/she is collecting SSI disability then child support will not enforce payments to the other parent, not saying that is is not still owed.
Now if the parents had worked, and had started collecting Social Security for whatever reason then yes, the child(ren) would be granted a portion monthly. (05/16/2008)
By Lamb
No, No and No. If your ex is due a lump sum amount of monies from Social Security the local CSEA can place a holder on that money and it will be sent directly to the CSEA for the children. I know this because in Butler County, Ohio I have this holder on my childrens' father.
(01/14/2009)
By Angela
My ex-husband owes over $16,000 in back child support. He lives in GA and currently receives SSDI. Does anyone know what percentage they can take for child support? Also, why can't SSI checks be garnished for child support?
I recently got back pay from SSD for a closed period {March 2008-July 2009}, $16,900. When I filed for SSD we were married. We broke up in September of 2008.
I have paid child support and have never been late. Is my ex entitled to any of this back pay for child support? It is a one time lump sum payment and I'm currently unemployed and had to go to court this past July to reduce my support from $600 to $200 a month. This all was done through the court. Please help me, I am not a dead beat dad and have a lot of IOUs out there that will take a big chunk of the money.
By kev from Concord, NH
Kev, it's wonderful that you actually want to see to your children's financial welfare. Very few "men" have your stand-up attitude. Deeli and Lilac are right: you should ask the SSA office to be sure. However, since you're not in arrears, none of your lump sum should be garnished for child support. And yes, if you're permanently or long-term disabled, your children should receive checks of their own as your dependents. My children received checks as my husband's stepchildren when we got married. His disability was permanent, congestive heart failure. It rolled over to SSR from SSD when he turned 65. Their checks ceased when they turned 18 and weren't enrolled in college. Best to you as you travel this difficult road.
My son's father lives in Marion South Carolina and I live in Maryland. He is on SSI so he sends me a letter saying that he no longer has to pay child support because he's on SSI now. This is not fair to me because he never paid when he was not on it. Please help.
By RB
Go to the Social Security Administration in your area or see your social worker. They will help since he is right he doesn't have to pay child support but it will be withdrawn from his SSI check.
My dad is about to get SSI and owes back child support from when I was younger. My mama stopped it, but he still owes something. Will Social Security take that from his pay and if so will I receive anything? I'm 18.
By K. Michelle
You will have to talk to your local Social Security Office and the Office of Child Support Enforcement. The way I look at is you are an adult, why would you get anything? I would think something should go to your mother being she spent hard earned money raising you.
My son receives SSI because he is disabled. His father and I had shared parenting, they had stopped his child support because he has heart problems and was getting disability, but he is now in prison for 3 years. I have tried to apply to receive benefits for our son and Social Security tells me he isn't eligible at this time. Keep in mind my ex was behind on support before it stopped.
My ex-husband (the non-custodial parent) was recently approved to receive SSDI. Our son will receive a lump-sum payment and monthly payments. My ex has filed a petition not only to stop paying child support, but also to force me to turn over our son's lump-sum payment to him, stating that the lump-sum is meant to repay him for child support he paid during the SSDI application period.
I'm hiring an attorney. Does anyone know of a similar case? If so, what was the outcome? Thank you very much.
By Rachel
If you can afford to pay an attorney then you should try to find one that specializes in this type of case. Every case is different as well as state laws so you may wish to check as many places as possible (SS office, child support offices, etc).
According to your income, you may be able to get free legal services for something like this. Be sure to keep copies of all communication concerning this matter.
My ex died owing 20,000+ in back child support. My son was 19 at the time of his death. He was 62 and was not drawing Social Security, but living with his parents and not working. There was literally nothing in his estate.
Is there a way that his Social Security would be required to meet the arrears for child support? This is in the state of Texas.
By CD
I'm owed $46,000 in child support. My ex was approved for SSDI and backpay. He just started receiving checks.There was a judgement made for so much to be paid to me for back child support out of each check. He will also get back pay for 3 years, will I receive that also to pay off what he owes?
By Charlene
Call your local Social Security Office and ask them. They can give you the right answer. Something you should consider is your "ex" also has back bills to pay too.
I am owed over $17,000.00 in back child support from a mother who gets official mental disability and benefits from SS administration. She is also receiving 1400.00 a month for her 3 year old because the man she lived with died; it's call survivors benefits. Can I get back child support from her disability payments and her survivors benefits?
And no, the man who died is not the parent of the child. The benefits are paid to her because she was living in same house but a different room. She gets 2000+ a month and I want my support arrears. Can I get those from the SS office?By Mike W
Call your local Social Security Office and talk to them. As far as the mother of your child collecting money from different sources, that isn't so unusual. I have a friend that collects a quite large some in disability from the state that she lived in when she got injured on the job, more than 20 years ago. She moved back to her home state because she couldn't afford to live in the state where she was injured on what she was drawing. She is still collecting that money, plus US Government disability/ plus retirement Social Security, and drawing off her ex husbands retirement social security. At the time she moved back here she was getting $1,000 a month from the state where she was injured and I'm sure it has increased a fair amount over the years.
That being said you have to talk to the Social Security Office to get the right answer to your question.
My ex is on Social Security Disability. I receive a monthly payment from Social Security for back child support. He recently went to jail. I need to know if I will stop getting those payments because his check will be suspended while he is in jail.
By H. Brown
Most likely you will still receive your benefits - but - please check with your SS office so you will know for sure. Why worry when the answer is so easy to obtain?
In 2011 my ex-husband received a lump sum payment from SSA for SSD. He owed $28,360 in back child support and an active garnishment was in place. The back support was collected from his lump sum payment. At the same time my son received a lump sum payment from SSA as well. The payments were similar. SSA processed the benefit lump sum payment and sent 3360.80 of the back support. For almost 4 years they had not paid the rest of the back support. Will I receive the rest of my payment plus interest?
By Shannon J
How can Social Security deduct child support from your check when the child is 34 years old? Isn't there a limit of time even if you owe some back child support?
By Terry
My guess is that happens when you are extremely far behind on your support payments. It doesn't matter how old the child is he/she is still entitled to the support.
Depends on the state where you live and the location where the order for support was filed. Some states have NO statue of limitation on collection.