I get asked this question from time to time as well. My understanding is also that disability benefits can be garnished for child support but that SSI benefits may not. SSA's website mentions this difference in FAQs regarding direct deposit: http://www.ssa.gov/deposit/DDFAQ898.htm (scroll down to the last question).

I am deaf clamaint of ssdi, and i get 151 of mine garnishment. A friend of mine works and he get 50 dollars taking out I find this is very very unfair. I am disabled not able to work and get garnishment of 151 way too much.

I have been on SSDI since 1989, as of last year i received
a letter from the Riverside Ca. distrit Att. office that i
owe $2,940.00 dollars in Arears since 1983-1985.
They also stated that they could get into my bank account,
and take my ssdi money. Also they could take my stimlus-
check whitch they did from 2008.
Also revoce my drivers licences.
Can U Help????
Thank You Mr. John T. Muck
Please Respond..

my husband had an accident 1 year ago and is going to aply for disability he told that if he gets that, he is not obligated to give any money for our daughter that is 5 years old ,is it true?

I have been on ssdi. for twenty years. Riverside Co. DA,
says i owe back child support, they also say they can
take part of my check, and revoake my drivers licenece…
Can they?

What about the reverse – what about if you have a child you reaches the age of majority who is disabled according to SS and has been receiving SSI, although not always because of household income. Is the non-custodial still obligated to support the child or does he get to walk from his obligations by shoving it off on the taxpayer. I realize not all states have adult child support for children who were disabled prior to reaching majority, but many, many do. What happens then? I have heard that some Moms had exs take them to court and the court pushed the responsibility off on you and me, but $600 is peanuts when you need caregivers. If Mom is to work and provide food, etc. then SSI isn't going to cut it. How are two people going to live on $600, especially if non-custodial manipulates the courts by humiliating the child (albeit adult child) by dragging private medical information, educational limitations, etc. through the courts. This happened to a lady I go to church with – ex abandoned her and child when the child was a baby and has never asked about school, paid medical bills, maintained contact, etc. now wanting every school record, medical record, etc. just to abuse the Mom and embarrass his 27 year old. His lawyer convinced one Mom to agreed to terminated child support for a negotiated fixed rate and duration payment, because this was a supplement to son's SSI – then turned around and told SSA that Mom was defrauding government, although it was a mediated settlement. Mom lost child support because case was closed by agreement and cannot be reopenned, Mom lost SSI for son, and Dad is sitting fat and happy vacationing all around the world.

Any guidance you can provide – it is email I provided above because she is at her wits end. No help from any attorney she contacts, they all say too convoluted and she is terrified her case is going to end up like the Mom who now gets nothing, just 100% of the responsibility, oh, and a statement from SSI that they can reapply in 5 years. He lost the pittance he got, health care, dignity, etc. Where are the courts and SS on these issues since there are thousands and thousands of disabled adult kids in the US needing support from both parents. Bad enough the in majority of cases the custodial has almost 100% if not 100% of the physical and psychological support, but now she has all the financial as well. She had to leave her job just to provide care for her son and is literally losing her home, and living on about 400 a month from her elderly widowed Mom. Does not seem right that the court is blind to the game and that there is not a bulldog attorney out there who will step up and help out someone who so desperately needs it. Where is that southern service I was fortunate enough to have been raised in so many, many years ago.

My question is simple i think. I was injured and fractured my neck and spine. i am going to have surgery to attempt to correct all this but there is a great chance i will not walk again. recently i have been awarded ssi and ssdi. I learned today that i have some back money coming from ssdi and i do have an arrears from child support and as soon as the ex found out that i am getting disabled she has informed people that she is going to get all of my back money for the arrears i owe. can she take this??? my son living with her will also be receiving almost 600 a month for my disability. so can she take that back owed amount?

What is the appeal process for a ss garnishment letter postmarked May 8, 2009 for a child support order issued by a court in 1991 who said in that order that they lacked personal jurisdiction over me, but were assuming jurisdiction over the child? The child is now 23.

Hello. I have applied for ssdi and ssi due to a disability that has manifested over the last ten years. I have a monthly child support payment of approx. $585.00 Will this amount be paid by SSDI or SSI if I am approved?

sounds like you should have paid your child support instead of being a dead beat. It has come back and bit you and you deserve it.

YES SHE CAN SAD I THINK THEY SHOULD CHANGE THE LAWS

My ex husband has applied for ssi and ssdi and is currently not paying child support. I have full custody of our three children in another state and wondering if the kids will get benifits if he gets ssi or ssdi? do i half to file papers for those benifits or does it come automatically once he gets the benifits? and if he gets back pay will that go towards his owed child support?I know nothing about the process, and in need of support for my children .
please if anyone knows the answers let me know
thanks sarah

Take responblity stop boeing so greedy disable to work but not disable to comment ur thoughts and worries about ur money

Hi, final decree of divorce 2/8/06 ordered min wage child support for minor child due to unemployment recognizing that I had been diagnosed bipolar. I never worked due to this mental illness and applied online for SSDI, atty represented me in administrative appeal and I rec favorable ruling…in my state of Alabama in civil court of appeal Pardue v pardue it ruled the trial court erred when ordering child support paid by a disabled person with pending claim…The trial court here has been made during numerous hearings and testimony of this disability and pending appeal and still maintained I owed this support. I have now been awarded the lump sum benefit and I offered this case as a reason I should not have to pay…..Does this state court have jursidiction to order this check placed in the circuit clerk's office for disbursement of back child support plus interest accrued? thank you so much.

I am in that situation. My 25 year old son (who lives with me) is eligible and has received SSI when his dad has not paid child support. Dad has been found in contempt and has still been ordered to pay the child support arrears in the past. Dad is now filing a motion to modify child support, he wants it lowered or terminated likely because his son has "free government money" so why should HE have to support him. I wonder if the arrearages can be upheld since it is dad's fault son got government aid during months he did not pay. My son will be disabled for the rest of his life (was diagnosed at 5 months old) and I wonder why it is my sole responsibility or the responsibility of the tax payers and NOT dad's responibility. I believe the arrears should still be owed as dad has a responsibility to his son even when son can use a last ditch effort (SSI) for monthly income.

Jonathan,

You stated, "You should also note that auxillary benefits paid to dependents of SSDI (not SSI) recipients do not equate to child support."

My husband and I live in Washington state. The auxillary benefits his 2 children receive DO equate to child support payments.

In following that line of logic, the lump sum auxillary payment that was issued by SSDI would equate to the back child support that accumulated before his SSDI was awarded, and should have reduced it by the same amount.

However, it was not applied toward the back support, but the lump sum SSDI payment he received was reduced by the back support amount. In effect his children received both the auxillary lump sum and then the back child support.

My question is, if the auxillary SSDI offsets his child support obligation, then shouldn't the auxillary lump sum payment have offset the back child support?

I appreciate any information you can give me.

Andrea

I was just notified that I was approved for Disability. I am still working 20 hours a week, I pay child support and I owe arrears my youngest son is 17 (he will be 18 in Sept). He will be receiving a monthly payment from my disability until he is 18. The amount he will receive is more then my child support order. What does this mean? Am I still liable to pay child support? I do owe arrears and have a court order to pay 100. a month toward my arrears. I'm just not sure how all this will work?

Most states can take 50% of the SSDI payment for back support unless a payment arrangement is made. That would include the lumpsum back payment. Current payments will be taken at 50% of monthly SSDI if arrears are due. The child under graduation age will receive 50% payment that comes from a different fund (so not off your check) which counts for current support only. ]

This is a great way to pay your debt off and become current.

Yes, if 50% covers that amount (585). You will only get SSDI or SSI not both. SSI is a federal welfare for those who dont qualify for SSDI (must have 10 yrs of working to qualify).

Depending on the state, however, in my state – ARREARS dont get terminated. Current support can be modified upon new financial information (lost job, cut in pay, etc). Paying parent will have to pay current and back payments. SSI will be modified if payments are received as there is a cap on the SSI amount (around 694 currently in WA state). SSI is federal welfare.
Disabled adult gets SSI or if any parent or even grandparent are on disability, then the disabled adult gets 50% of their amount instead of SSI.
If you want child support past 18, then go back to court for a court order.

my husband got behind in child support in the 90's due to health reasons 3years. since then has paid steady and 200.00 more to apply to arrearage . child turned 19 in 2000 we paid child support until 2008 and mo said we were done. My husband became disabled and we were notified in Nov that Ne would be garnishing his check for child support and said we still owed 13000.00 in child and 21000.00 and interest. he onlu get 835.00 a month and after child support 650.00, this month they will start taking out for he medicare insurance which is 93.00 so his check is 555.00 a month. how can this be? We paid 8 years after his son turned 19. what can we do we can't afford an attorney, and legal aid doesn't do child support cases. thank for your time Lesa

I agree with this man I have another child whom is handicapped and I'm on social security and I have to pay $50.00 out of my benifits of only $870.00 a month

If I am on ssi and have a child, but I left child with his grandmother. Do I have to pay child support?

No interest or penalties may be withheld, and before the first withholding may commence, SSA must give the claimant 60 days notice.

Apparently interest can be witheld. The judge ordered 3 yrs worth of interest of 10% per yr (in Oklahoma). I got 3 yrs behind due to illness and failing health. I started receiving SSD after 22 yrs of work. The court garnished 50% of my check for 3 yrs for regular child support, and another 3 yrs of interest. I just paid off the interest June 3rd of 09.

im wondering if you just been approved and owe back or current child support how is it that the state can or will take money from the dissabled person if your on a fixed income where do they expect the money to come from and if so shouldnt the state assist the parent in need and if the child is now going to college shouldnt the state help with the fees for the college bill? mike ga

and if you were awarded say 30;000.00 can the child support take the whole ammount awarded to you if not but yet still awarded back support how much can the state take from the disabeled person money after all doesnt the person who is dissabled need the money just as well ? thankyou mike ga

Yes, if you are behind on child support, your arrears can be taken out of any back pay (SSDI only) issued to you. That information can be found on the social security website. My kid's father is going through SSID right now and he owes me over $50,000 so when his "big check" cmes it, better believe I am going to be there holding out my hand with an attorney there. IMO, if youa ren't taking care of our children then you shouldn't get the back pay. Period!

I don't understand why you wouldn't WANT this money to go to your child? It isn't your CHILD'S fault that you have bi-Polar, if you weren't paying for all of those years then the RIGHT thing to do even if the court didn't order you to, would be to TAKE CARE OF YOUR CHILD! I jsut don't understand all of these people on this site tryng to figure out some way to get out of paying their child support? Do you people not realize that if it wasn't for someone ELSE taking care of your children for all of htese years that your child would be HOMELESS, STARVING and NAKED! I'm sorry, but if I was disabled, why would that excuse me from taking care of my children? Is it different just because my child LIVES with ME? So I guess, when I file for disability next month, I should pack my kid and send him somewhere for someone else to take care of or better yet, maybe I should stop feeding him or clothing him becuase I only get acertain amount a month? Obviously if you are behind, you weren't making much of an effort to support your kid BEFORE your injury so…why am I surprised you wouldn't want to support your child after your injury?

What about the MOM of the CHILD or whoever else is taking care of your child? Is she/he on a fixed income? I'm sure being the only person taking care of your child, it is tight so y r u so special that you shouldn't have to pay just because u r on a fixed income? If you are BEHIND in Child Support then u SUCK!! Period

Tammy your can is ringing ,Gary must be calling. Same thing goes for you. You dont seem to know anything about Bi-Polar disorder!

I have just found out my ex is applying for SSI. He is behind on child support for over $50,000. I am told that SSI cannot be garnished for child support. Is there any recourses I can take? He is claiming he is disabled due to an auto accident about three years ago. My daughter is almost 14 years old. He has never willing paid the court ordered child support. He would work until his pay check was garnished then quit. Anyway, is there anything that can be done about the arrears and future support?

I only have a question. It was my understanding that when a disabled child reached 19 they can collect full SS disability benefits. I also heard that they cannot collect child support on top of that. We still pay child support for my husbands 23 year old daughter, have never been late or missed a payment and also watch her several days a month. Her mother always crossed off child support on the checks and then told my husband not to write it on the checks or say she was getting support. I just want to know what the law states?

My son gets SSDI child support his mother had another child and his support was cut. The other child has been adopted by another family, is she still able to get SSDI support now that she is not under the mothers custody?

My friend has legal custody of his children, the mother gets SSDI and SSI, the children get a small auxillary payment (not even enough to buy a McD's Happy Meal for each) per month. The father wants to file for child support because his income has decreased due to the economy, is he eligible to file against the SSDI that she receives? And, if our state has a minimun amount for child support do they use that or does Social Securityfigure a different amount if it reduces her check to less than half?

I have a dead beat ex husband who has not paid child support for many years. His arrears tops over $71,000.00 at this point. (for two children) He has recently been approved for SSDI benefits, which according to SS and the Texas State Attorney General's child support division can in fact be garnished. (SSI can not be garnished) I have been to the SS office and my children will be getting a lump sum for the past year (approximately $217 each per month – he also has another child and a wife that are also getting a benefit) and then my daughter, who is under 18 will continue to get the benefit until she graduates from high school in June '11. The shame of it is that my son graduated in June '09 so that's when his benefit ended. Better late than never, I suppose. Apparently there is new legislature that states that any benefit that children get from SS will be applied to the monthly child support amount. Anything left that is due will be garnished from his benefit amount as well as the back support that he currently owes. I have heard through the grapevine that he thinks that the kids can't "touch" his monthly benefit but he is sorely mistaken. It can and will be garnished and I will laugh all the way to the bank and my kids will finally get what they deserve. He will get a lump sum for $16,000.00 but I have been told by the SS office that the paperwork to get the garnishment withheld takes so long to process that he will have already received his lump sum before it can be taken. I think that is pathetic that someone that owes that much money to his children will walk away with that amount of money in hand and the kids will get none of it. My son started his first year of college today – paid for by me. It's a shame that my son is not getting his fair share of that $16,000.00 but his dead beat father is getting it all. To all of you people worried that your child will get some of your SS check – SHAME ON YOU. Grow up and be parents and help PAY FOR YOUR KID(S). If you had paid your child support when you were suppose to pay then you would not have to worry about your SSDI being garnished for back support. I don't feel a BIT sorry for you. Why not do something you have never done?!? It's called putting a child before yourself. Try it sometime. Your child is not 'screwing' you out of your money…you did it to yourself a long time ago by not supporting them as you were required.

i believe my husband owed his support but the child support debt is paid in full and we went on paying for another 9 years but now they say he still owes 35,000 dollars which every month the balance goes down 30 dollars because they are still charging interest. my husband will have to live another 90 years at this rate to pay it off. HOW IS THAT FAIR!!!!!

I'm a single mom, and I've had legal custody of my brother's two daughters ages 3 and 6. He refuses to help me with the girl's expenses, and he owe child support. I recently found out that he was drawing off SSA, can I
go down and apply for the girls to get a portion of his money? I called to get some information about this, and I have a phone appointment with social security real soon, I hope the girls are eligible to get a portion of his money. I've had custody of these girls since they were infants, and I feel it is only right that my brother help me.

I am curious if the state of Oklahoma would consider ordering a parent legally accountable to continue child support on an adult who suffered mental illness prior to age 18 but was not forally diagnosed and deemed disabled until after the age of 20.

My child is 29 years old in California, they keep saying I have to pay until ordered by the court, she is collecting SSDI and yet I still have to pay, what gives? can I not get released, I am being told to forget it, the courts will not release me and that I will pay the reest of my life?? what is your opinion

HOW IS IT FAIR that he got behind in the first place! I'm sure that was real easy for mom. For God's sake people, all these sad, poor me stories, WHAT ABOUT THE KIDS??? Its simple, if you make babies, TAKE CARE OF THEM.

My kids(2) father started getting disability and since then I have recieved no child support, how do I go about getting support payments..my friend of the court case worker has not helped at all.

My 3 year daughter's father receives SSI and I would like to know if there's anyway that my daughter can receive a SSI check. We are not married or living together.

Lorie, you are asking a legal question – you will need to discuss this with a lawyer knowledgeable in child support law in Oklahoma.

I believe that they would be entitled to dependents' benefits but you will need to pursue this with SSA as you are doing.

I find it very interesting how people are trying to get out of paying their child support. It is very hard to raise children on your own. You automatically go on a fixed income when you are raising children by yourself. It is very expensive. All the deadbeat fathers out there need to accept responsiblity for not taking care of their children. When they were working and changing jobs as soon as they get garnished it was their responsibility to report to children service of their new job. If you owe arrears on child support you are obligated to pay this back money. That means that other custodial parent had to live on a fixed income because you were not doing your part. Please people take care of your children they were not asked or invited to come into the world. They are here because you chose to be irresponsible when you had sex with no protection. Give me a break

I am still trying to get an answer to the plausability of SSD taking over 60% of my check for support payments (arreage)when I have a court date set for November. I have documentation to verify my "Indigent" status and letters from the mother stating she only wants the back payment. The children are both over the age of 21. I also have entered a "Non court ordered agreement" with the DOR for payments of 25.00 per month sent to them directly. Yet I get a letter in the mail stating that SSD is making this deduction (But cannot tell me who even signed the order, and the order is my CSE #) which will leave me in serious financial dire straights, as in homeless, etc. Please help me find out if this is possible and if I can get the $ back once I have gone to court, or what to do. Respond to the E-mail above. Thank you so much. I would be happy to speak to you also if needed.

I am one of those fathers who is unable to work . I have two children and while I worked the lovely state of Ca. Took 60% of my income. Funny thing is that there is no… I repeat .. no accountability on the parent who receives support on our children's behalf.
She has lied from the very beginning to the courts. I am completely in favor of supporting your children. But i am also disabled and have been since 1999 I CANNOT work to do so would kill me. And also the meds i am on (opiates) painkillers for chronic pain puts the public at large. Support laws are not fair or appropriate for a disabled person.
My ssd if approved this time will go back to 2002. But I haven't been able to work since then . To think that the government can take all of the ssd money for back payments is rediculous. In other words the disabled person gets screwed out of any percentage of the back pay . But Its disability payments. for "not being able to work".
This is a really stupid law . The government gives bailouts to companies,bankruptcies, but the truly disabled dont get a break . We get threatened with Jail time, homes taken away, drivers licenses suspended, professional licenses taken away.
And if you really knew what happened in my personal life and the nightmare i have had with my ex concerning this you may take a different approach to calling "All" disabled people as "deadbeat". put you in my shoes and lets see if you would agree that i am a dead beat …. I dare you to.
I have done everything above the line concerning the law (s).
Deadbeat is not appropriate to call anyone because you dont know their situation , or what they have been through with their exs.

When I gave my ex custody of our 2 boys it was agreed upon by both of us and the judge ok'd that I would pay no child support. Now the state of California is saying I am arrears of 16,0000 dollars. They are not willing to look up the custody papers and I am unable to go to California. Can they take some of my disability check? He lied when he got state monies to begin with how do I go about correcting this so my disability checks are not garnished? Can I still report him for fraud?

your children will receive benefits. My children receive 500 a month from my disability. However, I am in Houston and the 1st COA has denied the $500 monthly payments as supported child support payments. I was ordered to pay $175 in child support and due to my disability I went into arrearanges for $13,000. The court denies the $25,000 my children have received as child support. If you are a kind human being you will accept the money and sign a waiver to any state claimed arrearages if you have or will receive more than what is owed

It depends on where you live. If you are in Texas there are jurisdictional conflicts and whether disability awards to disabled parents children is acceptable. If you are in Texas then you need to contact Representative Dutton and encourage him to refile HB 939 in the next legislature, or look for an attorney willing to take a pro bono case to the supreme court of Texas

"And if you really knew what happened in my personal life and the nightmare" HAHAH…Steve do you NOT realize that every DEADBEAT dad says the same damn thing? What makes you so different? You all have some sob story. Let me take a guess…your back right? I will almost guarantee your are one of those people scamming the hell out of everyone you come into contact with. Do your children a favor. Get off the damn pain pills and sounding like a little bitch. Pay your damn child support. LOSER!

If he is approved any child under 18 would get benefits, and they will go back 2 years and pay, you do have to notify ssdi that he is on benefits and they can add the children.

My husband recently was awarded SSDI and will be getting about 16 months back pay.

He presently owes around $20,000 back child support.

I know the government took his Stimulas pay in 2008 and his tax return automatically.

Will they also take his SSDI back pay automatically and if so will they give it all to me for back support or just a portion.

Any reply at all would be very much appreciated.

I am in the same position, my ex is over 5k in arrears. He just sent the friend of the court a letter from the doctor stating he cannot work. How do i find out if he has filed for disability? I have no contact with him, he keeps diappearing. Do i file for my child and wait and see if my ex has filed, or is there a way to find out if he is recieving anything or has even filed for benefits? i am lost in this whole thing.

My husband and I have custody of my husband's cousins 2 children. Bio mom and bio dad are not together. They both do not pay child support but are ordered to do so. In arrears upwards 25,000. The courts refuse to do anything. Bio father in and out of prison for other mean, horrible crimes, bio mother we just found out that she is receiving SS disibility for some stupid made-up concoction. I have to go to court next month and I was told by someone at DSS that the child support would stop and the arrears could too.
These parents have literally TRIED their BEST to proove themselves incapeable of taking care of these wonderful children and NOW is my chance to finally , finally terminate all rights they have, hopefully…thats all we want. After all of these years of stupid courts. The children deserve more out of life than what they started with.

My wife has 2 children from a former marriage,Her ex just went on SSDI and the kis get 250.00 each from this. In the past he has only paid 250.00 per month child support and that has come from his new wife paying it, before that he would not pay, now when have been served papers to go to court so he can get this dropped off, they say that the SSDI is enough, can he get this done in the state of Texas.

I'm very upset I pay almost 500.00 a month on my little boy who is three,and I've never seen him at all and I don't have the money to take his mom back to court to get my rights. I was suppost to get him every other weekend, but she didnt let me. And now I'm about to apply for SSI and I don't know how much of it she can get ,I don't mind paying just got bills to pay and got too live myself and she gets tanf too so someone pls help me and tell me what I need to know pls thanks upset

And I don't owe any back pay at all

I agree with you! However, in my case I do have the garnishment already through so I do get part of his SSD already. I was told when I first found out that he did not get is back SSD yet but that was over 7 months ago. I still have not seen a dime of his back payment. Is that a lost cause now?

I recently won my SSDI case. Apparently some people don't realize what it takes to get approved. I payed my support on time every week, no complaints. I believe I should support my child. But a few years ago I had 3 heart attacks, it's an hieredtary thing, that resulted in me having 5 by-passes. Also I had back surgery to try and correct problems from working in places like gravel pits and hard manual labor all my life. I was immeadiately fired from my job.
It's a long,long process to get a claim approved. During which time you have to rely on the kindness of others. And believe me you have to prove you can't work. You can't just take a doctor's note in and get approved. You go through alot of testing by your people and state doctors who are there to get you denied.
During the time I was out for these things my support got in arrears. I was taken to court. From the get go I was treated like a criminal. Later I filed for SSDI and after 3 years and multiple denial a judge approved me. I am 20k behind now. My benefits letter states i will recieve $900 a month, a vast sum of money to try and live on I know. But minus the $550 a month for arrearages makes it better. So after all I get $350 an month to exist on. Personally I would rather be able to work, because $350 isn't worth what you go through to get it. There's alot of predjudice against people when they say they are disabled. What some people don't see or won't accept is some of us are forced into disability.
I never expected to get enough from SSDI to "live" on, but I did expect enough to survive on. I'll be homeless before long and none of the shelters around here will let me stay there because I draw too much on SSDI. And even the goverment housing is $500 a month.

my checking account which receives both my ssdi & my new wife's ssdi have been seized for the full amount of both our checks (direct deposit)with no notification and leaves us with a negative account balance of $18,000. My bills are all bouncing, mtg, etc. Trying to get an attorney. we live in Florida, case in Massachussetes..no attorney will take the case. Child is 40 years old and I paid for years. Daughter did not live with mother during the time of child support in arrears. She is willing to testify to that. what do I do..please help me. desparate.