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!
Can child support take my back pay from SSDI that I get for my kids now?
By Clifford
If you mean your SSDI for you anything is possible depending on the state you live in. If you mean the supplemental for your children because of your disability I honestly don't think their money would be attached because it's for their expenses.
Do I need to hire a lawyer or does the D.A. file for a garnishment of my ex-husband's SSD benefits for back child support in Tennessee?
By vdl
Call the local Social Security office, they will be able to advise you on the best route to take. They may award more money for the SSD benefactor to cover child support but be warned they probably will not cover all of it. The extra money will be sent straight to the parent with the children and the balance will be the responsibility of the parent collecting SSD.
My son doesn't have his father's last name. His father is now disabled. Can he still receive benefits from his father's disability?
By Chastity
You'll need to go to your local Social Security office and speak to a representative. They will give you an application and a list of all the documents/documentation required. Be sure to make a photocopy of absolutely everything you give them, including your filled out application and attached documents, before turning it in because records do sometimes get lost or misplaced (I found that out first hand) and you don't want to have to start the process all over again.
And, yes, as long as you can prove your child is the fathers your child will most likely be able to receive an amount of benefits based on the fathers disability income.
I pay child support out of my SS benefits. My arrears balance kept accumulating even though I wasn't able to work. Can that arrears balance be taken off to the date my application was filed and approved by the state for SSDI?
By Carl
Hi - it cannot be stressed enough that each case is sometimes different so no one can advise you but someone at your Social Security office. Go there and ask questions - please.
As a general rule SS/SSI/SSID have nothing to do with child support as child support is a court order and not the US government.
Child support is still owed even if the child/children are receiving SS benefits.
The court can sometimes set it up so that SS benefits can go towards child support but only an attorney can help you with this.
Free Attorney services are usually available for anyone on SSI.
I recently was awarded disability by the VA. I have child support arrears and wanted to know is there any way they can be eradicated or reduced.
By James
You will have to talk to your local Child support Collect Office about this. It is free to talk to them. That being said, you created a child, children, and it is your responsibility to at least partially support them.
My son was disabled before the age of 19. He is now 45 and until last year, when I started drawing SS, he was getting SSI. He is now drawing disability from AD on my work record. He draws half of what I draw. It is about $100 more than he drew on SSI.
He is the noncustodial parent of a 12 year old. He was not required to pay child support out of his SSI check. I have always helped as much as I can with clothes, dance lessons, etc. He barely makes enough to get through the month. Will he now be required to pay support? If he was drawing SS disability off of his own record, I know he would. But he gets much less drawing off of mine.
I am a 51 year old, divorced, disabled non-custodial father of four kids. I get 1449.00 per month in SSDI benifits. I'm supposed to pay 550.00 per month child support. Their mother gets 714.00 per month from my disability as like a survivor benefit.
Is the 550.00 that I'm supposed to pay supposed to be taken out of the 714.00 or in addition too?You should contact the agency responsible to provide your benefits to answer your question.
My son's father just got approved for disability. He owes child support. How do I go about getting him to pay?
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?Is there a program that will replace the money they take out for child support from a person on disability?
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?
