social

Can SSI Be Garnished for Child Support?

February 23, 2011

Family law folder on deskMy ex owes $25,000 in back child support and just got SSI with a lump sum of money how does that work?

By ppattt from Fort Myers, FL

Advertisement

Answers

February 6, 20132 found this helpful
Best Answer

SSI can absolutely NOT be garnished for child or spousal support.

I waited the 5 years to allow the SSDI to drop away so that I could SPECIFICALLY collect SSI (I 'owe' a great deal of ransom...errrr...'child support') and flip the bird to the ex.

Further, all 'license suspensions', ie : drivers, professional, hunting, fishing, ect....are null & void once SSI kicks in. (including, but not limited to passport seizures).

I can't tell you the satisfaction I feel when I mail a copy of my SSI award letter to (along with a note with a middle-finger watermark) to support collection unit demanding they void their driver's license suspensions once a year.

 
July 22, 20130 found this helpful
Best Answer

No! SSDI and Social Security can be garnished for child support, but SSI can't be garnished. The reason is that SSI is not considered as income, in the sense that the recipient earned it or that it comes from earnings that was paid in to Social Security.

Advertisement

SSI does not come from the Social Security fund, but is given to low income people who don't qualify for Social Security or SSDI, and SSI is not considered as income, like Social Security and SSDI is.

 
Answer this Question

February 28, 2019

I am disabled and my only income is SSI. I was ordered to pay child support, but when I got my disability award, I attempted to modify it. My ex has fought me every step of the way on this. I originally filed for a modification a year ago and we have met with the OAG twice to modify.

The first time, they agreed to drop the support to $0, but he waited until after the meeting to inform the agent that he was no longer within that jurisdiction. The second meeting he said he was not in agreement, and wanted to push enforcement to the full extent of the law. We were issued a court hearing. At the hearing, he informed the agent that he had just hired a lawyer the day before and needed time to consult, so the hearing was reset.

I cannot afford a lawyer, and I am wondering how a lawyer can fight a modification in this case? My arrears is $3000. I receive $770 a month SSI and $800 a month in child support for my other child. I have been making payments out of that child support, when I can afford it, since all of my bills use up my SSI account.

My disability: marfan syndrome, severe scoliosis, spinal collapse syndrome, chronic recurrant pneumothorax (collapsing lungs), and i also have sleep apnea and a tumor on my liver but am not healthy enough to do any operations.

My ex was controlling and anusive while we were together and has admitted to trying to make my life as difficult as possible.

Answers


Bronze Feedback Medal for All Time! 196 Feedbacks
February 28, 20190 found this helpful
Best Answer

I am sorry to hear you continue to have issues. A lot of folks weighed in on your first post on Thrifty Fun and I think the advice still stands. It is very important for you to find a lawyer to help you with this situation.

Advertisement

I understand that you can't afford one, so you will need to work with your state senator to help you find a reliable and real legal aide service who can assist you.

There is a society (a group) for people who have Marfan disorder. I don't know anything about them, but I do know some non profits can offer people who suffer from their condition resources to help. This is a link to that site and their resource page. Call them and ask for help.

www.marfan.org/.../patients

The last suggestion I have for you is to talk to your religious organization if you belong to one and see if they offer any kind of legal aide through the church/mosque/synagogue etc. This is a lat resort if for some unusual reason your state senator can't help you find legal aide.

Post back with updates. Prayers and blessings.

 

Gold Feedback Medal for All Time! 949 Feedbacks
March 4, 20190 found this helpful
Best Answer

You will have to get an attorney as this is strictly a legal matter and if you do not have an attorney then you will most likely lose and have to pay support.

Advertisement

Try legal aid, family services to see if you qualify for assistance.

It is possible you will have to submit a very detailed account of what all of this money is being used for and If you are receiving any other type of government assistance (food stamps, Medicaid) these monies will also be taken into account.
The fact that you are not receiving child support for one of your children may also be used stating that part of the money you receive is being used for the second boy when his father should be paying also. It may not look very good if there has been no attempt to collect child support for the second child.
What is the age of the boys? Does either child have any health problems?

Since you have been making some payments out of the money you receive, this will probably be used as proof that you can afford to make the payments.

 
Answer this Question

June 4, 2018

Social Security has stopped my child support. The letter says child support can not take SSI/SSD money for child support! They still have not approved his Social Security disability.

He has been waiting 9 months, and got the letter about child support being stopped a month ago. My question is does this mean they will approve his Social Security disability?

Answers


Gold Feedback Medal for All Time! 949 Feedbacks
June 7, 20180 found this helpful
Best Answer

There is SSI and SSDI and there is a world of difference in the two programs. (There is no SSD.)

  • You say that SS has stopped your child support so does that mean that their father was paying child support through a court order in the past?
  • Advertisement

  • First - if their father is granted SSI then the letter is correct in that child support cannot be taken out of the SSI benefit that he receives. This does not change from state to state - it is valid in the US.
  • If you received a letter from the SSA about child support then it most likely means his claim has been approved.
  • The most important thing that you can do is to go to the Social Security Administration office ASAP and present the letter so they can tell you officially where you stand. (You will not be able to draw any support money if his SSI was approved.)
  • If he has been awarded SSDI then that is an entirely different story so you have to be SURE of what his benefit claim is (SSI or SSDI).
  • Also, if he is behind in support payments then you may be able to receive a portion of whatever back payment check they award him (SSI or SSDI).
  • Advertisement

  • If he has been waiting for 9 months then he will receive a check that will cover all of the months since he filled his claim.
  • You may be entitled to receive a portion of this check for any unpaid child support but you have to act fast to claim it.
  • If he already has the check (and cashed it) you may not be able to receive any of this money as the SSA will not help you recover any money after the check has been mailed and cashed.

Please go in person as SSA will not do anything over the telephone and this has to be done soon.

 
Answer this Question

April 12, 2018

If a person gets or receives SSI benefits, by law in Kentucky can a court make that person pay child support?


Answers


Gold Post Medal for All Time! 677 Posts
April 12, 20180 found this helpful
Best Answer

A person pays child support based on what s/he has. If the person doesn't have enough assets, I don't think the court can force the person to pay. If the person has SSI, they don't have a lot of cash in the bank or other assets. The SSI helps them maintain a minimal standard of living.

 
Answer this Question

October 16, 2019

I was wanting to know if my ex still needs to pay child support. He recently got approved for partial SSI benefits in the amount of 338.29. He receives PERA in the amount of 441.67. So child support closed my case because he is receiving this amount in SSI. Who can help me to enforce the order by the court? I was in a bad car accident and have had no pay check for almost 2 months.

Thank you.

Read More Answers

February 22, 2019

I am a permanently disabled mother of 3 kids. SSI is my only income, plus child support for one of my kids.

The father of my youngest got custody by a legal loophole, and is pushing for child support enforcement. He is well aware of my life-threatening chronic condition, and the fact that I get SSI, and not SSDI.

I filed for modification of my child support order a year ago, but the OAG has refused to modify because my ex keeps filing enforcement, which creates a "pending legal action". He had them send the SSA a withholding order, which was promptly rejected with their message of "Nope. The client is on SSI. You can't."... They are still trying to enforce child support, and now asking for jail time or for me to pay by any means necessary. I had made a few payments out of my son's child support account, but I am $3300 in arrears.

Can I be jailed for this? Can they garnish my bank account where my SSI is deposited? My total monthly income, SSI and son's CS is $1500. I support myself and 2 teenage boys on this alone, and my daughter when she is here on visits.

My ex has told me directly that he plans to make me suffer for leaving him, and will push for me to get put in jail for my "criminal activity" of not paying him child support. He repeatedly has called me a deadbeat parent, even though I have supported my boys their whole lives, and this ex was spending $700-1200 a month when we were together, on beer and cigarettes. My daughter tells me he still drinks a lot and he won't buy her properly-fitting clothes, because supposedly it's my responsibility to provide all of her clothing. (She has stuff for my house.)

Read More Answers

November 3, 2018

I understand my SSI can't be garnished for back child support, but can the state of Oregon come after my bank account that my benefits are directly deposited in?


Answers


Gold Post Medal for All Time! 677 Posts
November 3, 20180 found this helpful

This is a question for Social Security. Make an appointment with them

 
Read More Answers

July 27, 2017

I have a question and I don't know what to do. My kids' dad is trying to get on SSI to get himself more help and so he won't have to pay child support.

I'm just worried where I'm supposed to go from here. I am a single mom raising three kids.

Answers


Gold Feedback Medal for All Time! 949 Feedbacks
July 27, 20170 found this helpful

Is your child support paid through the court? Hopefully that is the case and Social Security will work with the court per child support is concerned.
The first thing I would suggest is to get all papers pertaining to your divorce and child support as well as everyone's Social Security numbers (including your ex-husbands) and pay a visit to your local Social Security office. Explain the situation to them so they will have all the information on their records even before the SSI is approved or disapproved. If your ex is in arrears with child support you also need proof of this as that is the only way you may be able to receive any part of a delayed payment check that your ex may receive if his claim is approved (his claim starts when he first applied and if approved, he will receive a check for how ever many months he waited for approval). This is sometimes a large check but if he is up to date on child support then none of that will be yours but if he is behind in payments, you can get SS to pay at least part of those arrears from that check. But, you must have proof of payments and non-payments.
Gather all your records (or go without some and find them later) and go to the SS office ASAP.

 
October 10, 20171 found this helpful

You cannot get any of his SSI benefits. SSI is not counted as income.it is granted to those that haven't had enough work time in to get disability. Disability is an income, SSI is not. Also if he actually gets SSI benefits realize that he is truly disabled, not faking

 
Read More Answers
<< First< PreviousNext >
In This Page
Categories
Business and Legal Legal Child SupportSeptember 27, 2016
Pages
More
🐰
Easter Ideas!
🌻
Gardening
👒
Mother's Day Ideas!
Facebook
Pinterest
YouTube
Instagram
Categories
Better LivingBudget & FinanceBusiness and LegalComputersConsumer AdviceCoronavirusCraftsEducationEntertainmentFood and RecipesHealth & BeautyHolidays and PartiesHome and GardenMake Your OwnOrganizingParentingPetsPhotosTravel and RecreationWeddings
Published by ThriftyFun.
Desktop Page | View Mobile
Disclaimer | Privacy Policy | Contact Us
Generated 2024-03-28 07:39:54 in 6 secs. ⛅️️
© 1997-2024 by Cumuli, Inc. All Rights Reserved.
https://www.thriftyfun.com/Can-SSI-Be-Garnished-for-Child-Support-2.html