I am currently receiving child support payments from my ex-husband who is on disability. He was ordered to pay $551 per month according to my decree. We have been going to court because he is trying to get the amount lowered because he pays support for 4 others as well, but was not married to the mothers.
Our children are 21 and 19 now, but he owes way over $30 thousand and $24 thousand of that amount is the principle, the other is the interest. His attorney is trying to get it lowered to $50 (can that be lowered that drastically?) because he is on a fixed income and disability.
At the DHS administration hearing I was told that the amount will probably be lowered since my divorce decree was so many years ago. The DHS representative said that although he was ordered to pay the $551.00 when we divorced the guidelines to garnish wages from his disability check are different now. They have, however, been garnishing the current amount from his disability check for the past year.
My question is why or how can it be lowered so drastically? Will I have to get a lawyer to fight this or what can I look into to make sure the change does not occur? Thanks.
By Donna from Tulsa, OK
I don't believe anyone who posts to this board is qualified to answer your question. Laws are different in every state.
Unless the Social Security laws have drastically changed in very recent years, Social Security Disability can be garnished. I am still receiving back child support from garnishing his disability payments for my son who is now 30. And let me say, I did not live in a big house with a swimming pool. I lived in a 728-square-foot one-bedroom house with my son from his age 6 to 19 and we had no air conditioning until he was 17. We were never able to take vacations or even go to very many movies. I became an expert in finding free things to do in our small town.
My ex-husband always worked "under the table" so as to hide from us and to keep from paying taxes, etc. It was when my son's father went on Social Security Disability that we were finally notified that he had been found. I had registered with our local Missouri Support Enforcement Unit, but unless you are actually on welfare, locating non-supporting fathers is very low priority with them. I was never on welfare, my salary was always barely above the income limits.
Before hiring a lawyer, talk to your Social Security office first, it will probably require an actual visit. You probably won't even need a lawyer. They will tell you the documents you will need. Good luck!
My fiancé is severely disabled as of three years ago. He started receiving disability payments this past August and the state takes his monthly child support obligatory payment every month from his check.
My question is this, since he still owes 9,000 in back child support, but is making monthly payments to child support are they able to start garnishing from his disability check for the back pay owed when they are currently taking from his check the current monthly payment decided by the courts? He received back disability pay in August and child support seized that and we went to court and set up a monthly payment plan. Please help anyone if you can, we live in Colorado.
I receive disability every month and I want to get married. My boyfriend owes lots of back child support; would that affect my benefits?
Does anyone know how long it takes when a SSDI check is garnished for the custodial parent to receive the funds? My ex got his back pay from disability over 2 weeks ago. I have an income withholding order in place from the court, and he told me they did take the money out, but I haven't received it yet.
I was told the US Treasury takes it and sends it to the Indiana Child Support office and they send it within 2 days from there. How long does it take for the Treasury Dept. to process it?My ex's disability has been garnished since August. Missouri child support said they received nothing. The child support office says SSA has a hold due to the large amount.
SSA says they send it every month. And the benefits the children receive are credited to his amount every month. I am not sure what to do.Make an appointment with Social Security. If you have no luck, contact the Legal Aid Society. A lawyer will represent you for free.
It sounds like you'll need a lawyer to ask for a court order to trace the funds owed to you. If both agencies are saying that one sent it, the other didn't receive it then there is an error in bookkeeping somewhere.
California Child Support has been taking half of my SSDI for child support. I went back to court to modify it due to my financial hardships and was sent a "zero support" order.
Will child support stop my garnishment now?You now have to pay nothing for child support. That's what zero support means. They recognize that you don't have the money to pay.
If a mother has been ordered to pay child support and all at once she quits her job and sighs up for disability, does she get out of paying all the back child support that she is behind on? She is trying to get out of paying child support by signing up for disability and she is very able to work.
From anyone's experience, are the Social Security Disability Insurance payments made directly to Child Support Enforcement Agency (CSEA)? A certain amount of money is being garnished and being paid to the child/ custodial parent.
I am not sure if this payment is paid directly to CSEA. I would appreciate any feedback. Thanks.My ex-wife owes me 15k in back child support. She hired a lawyer so that she would be approved for disability. When she is awarded disability they will owe her a good bit of back pay. Will the back child support she owes be paid?
Does the lawyer get paid before anyone? She will owe him 8k. We both live in Louisiana. I am not sure what type of disability she will be awarded. She can't work due to severe anxiety.It's been years since I've received child support. The local child support office took him to court years ago and of course he applied for disability (imagine that). Years later he was finally approved for his disability and that his back pay is being intercepted due to him having arrears.
Does anybody know how long the child support office holds onto these funds before disbursing them? I know that tax interception depends on them being married (hold for six months) or them being single they hold it for 30 days. I was just wondering how long they will hold the back pay?Is there a program that will replace the money they take out for child support from a person on disability?
My ex husband collects SSD and pays child support. The children are with me and my fiancé. We financially take care of everything for them on our own with the little amount of SSD they receive and child support. My question is, my ex is moving for the 10th time and continues to harass me and my fiancé trying to claim that the children receive SSD which, they do know through domestic relations because I made sure they knew plus I called to double check today and they informed me yes they know and legally I am ok and did everything right from my end.
So with him paying SSD, does he still have to to pay child support? And does domestic relations take from child support?My son's father just got approved for disability. He owes child support. How do I go about getting him to pay?
Contact the SSA office in your area and make an appointment to meet with a representative. Bring copies of all pertinent papers-birth certificates, child support court orders, etc.
