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!
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.
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?
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.
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.
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?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.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 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.
