NOTICE: I received so many comments and questions about the issues of child support and Social Security disability that I set up a separate blog about this topic – www.childsupportandsocialsecuritydisability.com. Please visit this new blog to post comments and ask questions.
–Jonathan
Can you SSDI benefits be seized to pay past due child support? Yes, according to Social Security Ruling 79-4, the Social Security Administration can withhold a percentage of a claimant’s benefits in an amount equal to what SSA could withhold to pay delinquent income tax debt.
No interest or penalties may be withheld, and before the first withholding may commence, SSA must give the claimant 60 days notice.
There is a question in my mind as to whether SSI benefits may be seized to pay delinquent child support. The web site esocialsecurityappeal.com states that a “custodial parent has no right to any of the proceeds from SSI.” Tim Moore, the editor of DisabilitySecrets.com also states that SSI recipients will not have their monthly disability benefits and past due benefits seize. According to Mr. Moore, the rationale to protect SSI from levy relates to the nature of SSI as a welfare benefit: “since SSI is essentially a public welfare benefit and does not derive not from a claimant’s earnings record, SSI benefits cannot be taken for other purposes, just as food stamps and AFDC funds, likewise, cannot be seized.”
I have looked at Social Security’s official web site, but I cannot find anything directly from Social Security that confirms the disparate treatment between SSDI and SSI. Mr. Moore and esocialsecurityappeal.com may be entirely correct, but until I am able to find source materials to confirm their assertions I will keep this blog post indefinite.
Auxillary Benefits
You should also note that auxillary benefits paid to dependents of SSDI (not SSI) recipients do not equate to child support. In other words if a disabled claimant with children is awarded SSDI and those children begin receiving benefits as a dependent of the claimant, those auxillary benefits do not offset the claimant’s obligation to pay child support.
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 going to start to get my disability check in January but until i get it i get ssi hear in Missouri the max is 676 per month which is not much considering gas is 3 dollars a gallon but my question is this i am one hundred percent can’t work doctors signed me off and said i can’t work so i worked and my SSA check will be only 691 dollars month when i lost my job i lost my home car and everything cause I couldn’t work but the child support agency says you have to pay they want to take over have then i have to go to the va hospital two times and month and that cost me 50 dollars every time so that is 100 per month i have and handicapped son hear and they are taking part of that out of my check i haven’t even paid rent or buy food cause when they got done i had 96 dollars left now how the hell are you gonna rent a place and eat anything on that i wished they had to live like me then they would really know how it feels to be poor they probably drive new cars have new house and eat steak every day they are days i don’t eat cause their isn’t anyone i can visit and you can’t move in with anyone if you can’t offer to pay something i feel if you made and lot then yea help out but my ex spent all her money in bars and other things never on the kids and if your poor then they need to do like the ssi program just say your to poor to pay and survive i could really get going but that might not be good so I will leave it like this. they really do need to change this law cause every case is different and they need to listen to you when you talk to them they are never wrong and it is always the dead beat dad and that really sucks cause not every one is bad i lost my home car and everything i owned it was repoed when i got hurt i have to bum and ride or walk everywhere and the closet town is 6 miles one wahy
I hear you with this so badly this my my husband and I. His exwife has the house the kids, the life with her life in boyfriend who they go to Foxwoods casino 3X a week Andy husband got hurt. His parents and his brother gave the 4 kids he has with his ex everything. iPhone 7’s for all of them, the best top of the line clothes, pay for year round $10,000.00 cheerleading for year round 4 years in a row. Bought the oldest kid who dropped out of college to work in a comvienence store a car for herself. My husband and I have been waiting on a workmans comp settlement claim for 4 years, lost our one car between us, we live with my parent is their small ranch house refinished basement with my two kids from my previous marriage. My daughters don’t even have a real bedroom going on 5 years. It’s killing me. My husbands ex 10 years ago was supposed to give him 400 shares of stock she had in their divorce agreement because he gave he his entire cashed out 401K… he’s a union local 4 elevator guy for over 30 years I might add. She never gave him the stocks and cashed them in 6 months ago when she refused to turn them over to him and got $66,000 from them for herself. She didn’t give a dime to her kids and went to vegas…. and left and never told their kids that live with her. He’s about to receive ssdi and I’m so afraid she’s going to take it. She’s that much of a piece of sh&t. They have a 20,18,17 and 11 year old and in the 6 years I’ve been with my husband this woman hasn’t given her kids even a ride one time to see their father. She stole directly out of his bank account about 5 years ago. She left him with one dollar in his account!!! He’s just gotten the last tax return he had for $10000 she hacked his account and swiped it. He flipped out and said he was going to have her arrested. But she put back all but $250 incase he charged her with anything it wouldn’t be larceny over $250. She is legit the god damn devil. We have the agonizing case like you do. It’s killing us slowly.
Stephanie McKenna Powers,
Based on what you are saying, your husband is not asserting his rights. The courts ordered her to do certain things one of them being to cash in those stocks, when she cashed those in he should have been mediately went to the court and enforced the court order. He should still do so. It sounds like everything that she is doing he has allowed to happen. He needs to assert his self and demand with the courts ordered. He shouldn’t just talk about putting her in jail he needs to do it. If she stole money out of his bank account he should have reported the fraud in the bank would have reimbursed whatever was stolen from his bank account. That’s how it works. So if he did not report fraud on his account then there’s something fishy going on there. Maybe he’s actually giving her money and not telling you about it
Have you filed for a child support modification? You should be able to do so. For a modification or remodification I don’t remember which it is, they will look at your income and figure out how much you need to live sufficiently, and modify that child support amount based on how much you have coming in and how much you need to live. My ex did so and he ended up only paying $81 a month.
My husband got custodity of his 2 boys. The mother of the boys is on SSDI and she gets a check for each boy. I thought the checks on the boys was to take care of the boys? Well the judge gave us custody but said we had to give her the SSDI checks. We have custody of them. So is it legal he can make us give her those checks? Please Help
I work for Social Security Administration and if you and you husband have custody of the kids you should visit your local Social Security office so that the kids benefits come to you and your husband. No judge can order for the benefits to go to the mother especially if she doesn’t have custody of the children. So take all documentation that you and your husband have custody to SS office. Also the mother that has been receiving these benefits fraudulently will then owe the goverment all the monies that she has received for the children. @MAry Abrams:
I receive ssdi and my mom has custody of my children. The ssdi checks the kids receive goes directly to the kids, and their guardian she does not have a right to keep that $$ if she does not have custody. The check that comes in the kids name cannot be used as child support payment either. You need to contact your local SSA office and make them aware your husband has custody of the children so he should be receiving that money. Receipts have to be submitted to SSA to show that the $$ is being used to take care of the children as well. If SSA won’t change it, you need to contact a lawyer.
@Gordon Gates: My huband left me with our one year old daughter. He recieves SSI and left me with no finaces to help support our daughter, as well as all the bills. Am I able to apply for child benifits since she lives with me?
Please help, my daughter’s father got awarded disablity, so in june I recived a paymnet of 377.00 and in july 377.00, he says that child support took his lump sum to pay back arrears about 6,000.00, so my question is why have i not recieved anything for the last two months? been down at the courthouse child support division, no answers, called disability no answers, I am so frustrated? can u help
L, you need to address this question to child support recovery. I have no way of knowing where the withheld money went.
Stop being a greedy bitch
I’m also waiting on 7,000 from my daughter’s back pay child support from her dad’s ssdi it’s been three months and nothing yet.. Did you ever receive yours
you wont get the fathers ssi benfits but from what i heard you can get a ssi check from them for your child support
this is an overview of my situation. from 10-20-85 to 01-07-1996, i was in a relationship resulting in four children. because of california’s no fault state, and there is no legal rights in common law relationship, i was not intitled to recover half of what we aquired together. mainly due to a personal injury settlement which he used to buy the house we were renting(my fathers house). he was aware of the forecloser notices, which i didnt stand in the way. i chose to make a new life and within couple months was in a new relationship expecting a 5th child. the news caused my ex to use much of my time with kids as difficult as possible. yet still had half time driving 10-15 miles one way to get them to stay in same school district. as i expected the only item that i did have claim to was a dodge caravan, due to the fact his (personal injury) was during a day he drove my previous vehicle. yet when the insurance paid the salvage total van amount, my ex assured me that the extra cost of trans. title and registration fees, would be paid following his lump sum payment. it wasnt and the van was impounded 3 months overdue, i had no way to pay fees. yet my future inlaws asked the amount. when i inquired the tow yard they said the owner had already picked it up. my ex never returned or never let me make payment. he filed for support sometime during these months without telling me and he was also collecting disability along with workin jobs under the table. he had also kept all our equipment from a welding shop given to us by my father. so during 09-01-99, i was pregnant due the end of december 1999, when i was notified of owing a large sum of money to child support and they were detaching my wages of a part-time min. wage job. i went to court and the judge ruled in his favor due to his showing $.0 income with disability. and i was to pay $105.00 monthly. i paid every month for 2 years and also paid a balloon payment of $13,000.00. yet got pulled over and they impounded vehicle due to F.S . suspended my license.!!! i went with every log of payments made and they apoligized handing me a state license release form. i was unable to pay the $15.00 re-enstatment of license cost. my mom died when i was 12yrs. i lived basically on my own at 14 yrs. i am deaf in my left ear, making it hard to get jobs normally. yet the minute i think i finally have paid off child support, they send me another case that was an earlier date, (when we shared custody), saying i owe arrears on 4 adult children,. and he is still intitled to part of that amount,. i am furious and homeless cant even pay for my food, dont have a car or job yet they have him as $.0 income. he has a full time job and has even got my 26 yr. son a part time position with him working. i cant ever get ahead or even break even. ive fallen in major depression and all they care about is the arrears that he claims i owe even though he was lying and working and collecting three incomes. what do i do.
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.
@Leon Wilson: if u think it is unfair why not get an attorney
@Leon Wilson: Did you make a child?? If so your not to damned disabled to do that well then your not to damned disabled to pay for him/her either!!!!
I agree. My soon to be ex owes me 12,000 in back support and supposed to be paying a 100 a week. She will not file taxes or hold on to a job unless it’s waitressing or under the table so she gets out of paying support. Now she’s trying to get ssi and the child will never see a dime from her because it’s considered welfare. I don’t think anyone that has a child they are supposed to be supporting should receive any type of a benefit without first supporting a child they are legally obligated to support. To all these whineasses bitching about paying support. To f***ing bad. You procreate now pay the price. It’s not up to hard working tax payers to support your kids. If you didn’t pay in you shouldn’t be able to collect plain and simple.
So is it fair to the child or children not to get support just because your disabled? Obviously, Leon, you can sit at a computer and type and read. There are many jobs out there for people with these skills. I am disabled and I still work and pay my child support.
@Jess: I think it depends on the disability type is it permanent or temp. If it is a permanent disability a solution should be derived but isn’t the other parent a dead beat if he/she can not make more than someone on disability? …..
But if it is temp then the health comes first get fixed up then go back to work don’t you think? Why should that person be penalize for trying to get better? This is why I’m against CS in many different ways first of all the child is both parents not just one parents seed. Therefor you should learn how to handle that child(s) with 0 funds from the other first and if you can’t do that you should not have kids. That way the CS funds would work for the kid and not as a parents income.. So to answer you question is it fair, well would it be fair if the parent died instead of being disabled. It is just is not fair for any one.
Yup so make child starve. Your idiot, I’m disabled and do not collect. I’m supporting 3 children without any child support. I have numerous disabilities and still my kids come first. You do not make any sense, a parent shouldn’t have to support his child your crazy. If you think that way how about you support them then. Idiots worlds full of people like you
I get 420 dollars taken out of my check which is only1200 a month
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..
@John T. Muck:
You should pay your child support. It makes me mad that men think it’s free to bring up kids.
Child support is against the law, no lawyer will tell you this. Look up title IVD okay it’s called conflict of interest get over it.
No, child support is not against the law. If you produce a child you have the responsibility for feeding, clothing and acting like a father in your child’s life.
is being poor against the law nowadays too? With low skills, it takes 2 jobs at minimum wage full time to take care of 1 adult. Then you have your ex and daughter to take of as well. That’s 6 full time jobs. Who has the time?
CHILD SUPPORT IS UNCONSTITUTIONAL. THE CONSTITUTION IS THE SUPREME LAW OF THE LAND. Child support is not for the benefit of the child or the whore mother. It’s for the benefit of the over bloated out of control state. Blessing v. Freestone (95-1441), 520 U.S. 329 (1997) The fake judges are lawyers and they all have one obligation and that is to the Bar Association, NOT YOU. 95% of all lawyers are hard core leftist.
That argument is not going to work, I’m afraid.
@John T. Muck:
Hi, do like I do I use a pre paid debit card. the minute it goes into my account I transfer it to my debit card
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?
@sandra:yes this is true my son has never recieved any child suport from his father in all 14 years of his life due to his father being disabled. By law he is not obligated to pay any child support.
@sandra:
that is not true, they can NOT with hold from SSI but can from SSDI- be careful because my husband accepted a settlement for his accident and they took his entire lump sum as income he is now paying 950 a month and she gets his disabilty benefits for his daughter
@sandra:
It is if you live in MA. My husbands ex is on SSI and she owes him thousands. Even though she has been held in contempt at least 3 times they have yet to enforce them because of her SSI. The only thing that has been done is her non-payment gets reported to all 3 credit agencies every month. Those on SSI are not held to the same enforcement laws as the rest of MA. If they won’t garnish it, at least they could apply the other methods of enforcement as listed on the MA DOR website.
@sandra: HE IS NOOOOOT correct. If it is your biological child, and he receive SSDI your daughter will receive dependent pay if he has paid enough into social security. It is called dependent pay, and you don’t need him to set it up. Once he’s approved, you go to your local SS office and tell them that your ex has SSDI and you need to set up the dependent pay for your biological child. If he has other biological children, then the sum will be divided among them all. The dependent pay will be a set amount. So say he will have $500 in dependent pay. If he has only 1 child and you are primary custody holder you will receive all 500. If he has 3 children, they will divide 500 by 3 and that will be your total monthly amount.
Always looking for free money
The cost of raising a child far exceeds what most non-custodial fathers pay in child support. Nothing free about the money.
This Mr jerkoff needs to be kicked off. Free money. Idiot. How’s it free. The person not paying is getting the free money. That’s the child’s money.
If my exwife had loss her ssi payment to child and she spend or took over payment from ssi and the child no longer receive payment from ssi and now want child support because she owe ssi for child…what do I do here ?
You are an ASSHOLE! Take a HIKE!
Very true. I have seen it with my own eyes.
@sandra: untrue. My children drew child support directly from my ex’sdisability benefits. They even got back pay…at least that is the way it is in MS.
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?
Yes They Can And Will:
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.
i thank if a mother get ssi when it more than the chid supply the mother does not need get both
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?
@michael: im sorry about what happened to you but that child still needs taken care of & he is yours i am so tired of people trying to get out of taking care of their own kids !!!!!!!!!!!!
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.
Texas law seems fairest
they take the differecnce from the child support and dock it from the ssdi kiddie payment. Alot of people only have the ssdi to live off and all you money grubbers should be ashamed of your damn selves especialy if the parent is NOT behind in payments. That ssdi pays extra money out of a kiddie fund SHOULD be adjusted agaainst what the monthly child support payment is. Why wouldnt it??? Its money to the custodial parent whom most likely is remarried with a fultime job and rakingg her disabled ex over the preverbial coals screwingg him because she is a bi- polar nut job with an anger problem that should have NEVER been granted custody becausee of mental illness. The courts ALWAYs screw the guys!!!!!!!
Shut up jeff, ur probably a narcissistic womanizing pig who didn’t like his five ex wives or kiddie responable ties and ran off with the first pig who had money coming frm her so u can live off of her money,
I agree with you. It seems the men get violated. I was married for 25 years, four kids with my husband. We separated three years ago and I NEVER took him to court. If I was woman enough to have my kids, I sure as heck woman enough to work hard for them. I now have a boyfriend that has to pay $1400 a month in child support because they told him he was also responsible for 66% of daycare fees. He got hurt at work and is now going to apply for ss benefits. With no income, how is he to pay for child support?? But when we notified the child support office, they told him he was still responsible for the same amount. I thought when there was a decrease in income, they lowered the amount of child support. He has no arrears. Always paid on time. And sometimes he overpaid. He is actually ahead in his payments by two months. So, yes, I agree!! Non-custodial parents, (mostly dads), are getting screwed left and right. And there is absolutely NOTHING they can do about it.
Yes I totally agree with this I have seen it too many times myself. One being an ex who refused to even file the paperwork for her child ssdi check even though it would be a lot more than double the amount that she was getting in child support before her ex became disabled smh she would rather his ssdi check be garnished just because it would hurt him more this is another example of crazy laws and women who clearly hate men to begin with and only wanted to use them from the beginning to bad the child still has to be raised by the one who uses them as pawns.
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?
Attorney General in your area will garnish all of that from your monthly payment until paid in full. Any award you get will be shared with children.
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.
@ronnie zimmermann:
Serousely you haven’t been on dissability to get ssdi… It takes forever! Yes you do get behind on childsupport, but I suffered to. The kids are able to get their own ssi and that should cover their needs. You sound like a healthy wonam and never would onderstand what’s going on. Sorry you have no emphty
@ronnie zimmermann: your a jerk for saying that when you have NO idea of the circumstances that lead up to this. just a another person who thinks they know it all and have never actually been put in a situation where it may NOT be that person fault.. you know that the states are not perfect and make mistakes.. WHAT A JERK!
People that make comments like that withought knowing the whole situation need to really double check and realize that not all cases are the same.
GOOD ANSWER.
YES SHE CAN SAD I THINK THEY SHOULD CHANGE THE LAWS
@jozie: I was awarded child support in1973 Santa Clara ca father disappeared and i found out he passed away child is now adult would I be entitled to benefits from his ssi account for his back payments/thank you
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
@sw: I would like the answer to this one as it is simular to my current dilemma, he has applied for disability and most likely will get it, any answer is appreciated.
@sw: Child Support can touch SSDI but not SSI. If he gets SSDI you can get money from him but if SSI he’s home free to have sex with as many females as he wants and have as many kids as he wants and nothing will happen to him. I have a friend right now on SSI and he’s got so many kids all over town and none of them can touch his ssi.
I dropped him as a friend. What a loser. I feel sorry for those kids. I don’t feel sorry for those easy sluts though.
@sw:
Once your former spouce is accepted for ssdi you need to go down to the social security office and let them know he is recieving ssdi and they will get everything sorted. You will not get a portion of his ssi if he gets it though, think of that as welfare.
@sw:
if you moved to another state after the divorce, you are violation of the law.
Take responblity stop boeing so greedy disable to work but not disable to comment ur thoughts and worries about ur money
@michelle: wanna run that by us again, and actually say it in english this time? are you saying that disabled people are greedy? or that they shouldnt comment? it made no sense.
@michelle: We may be disabled, but still have the intelligence to comment and worry about our money. If you think that living off of $596/month and worrying is greedy..you had better watch out for the Karma Train. ALOT of us wish we could work and did NOT ask to be hurt/disabled. How dare you be so inhumane as to make such a statement. GOD be with you.
Good that you answered the way you did. Being disabled does not mean you are any less than anyone else. God bless you!
@michelle: It would be a shame for my ex daughterin law to have the money, she is not capable to keep children a decent, stable home, going to bars, bad sitters with prison records, she is not at home with children , dfs don’t know she is not, I will tell all when we go to court, she is in for a surprise. I will tell all.
@michelle: Excuse you, but some people really need those benefits to survive. They are disabled, thats why its call disability. Sorry about whats going on with you and your deadbeat husband but every situation is different. Arent you special cause you can put down someone cause they are wondering how the rent will get payed.
First off Michell, I am 100 % disabled and I paid my child support completely off FURTHERMORE , I am a vet with 13 1/2 years in the Marines.I have done 5 tours, in Vietnam (Cambodia and Khe Sanh ) , Beirut and Lebanon and my last tour Grenada all with recon rescuing the St. George University Medical students. I have suffered from PTSD, shrapnel,pungi stick ran up into/under my kneecap,gunshot wound that took out my kidney and my appendix and lost a dear child hood friend whose brains were blown out the back of his head ALL for the freedom that you are now enjoying and it really gets in crawl to put it nicely that whiners such as you can belittle someone with a disability, obviously you must have been born a breach baby because you have your head so far up your ass that you can not see the daylight. You must really feel that its important to you to do these things to others , that is why you have no life,no friends and no existence.To think that besides myself and ALL the other vets from past to present have gave it all for people like you to have the things you do now, what a crying shame, you will have to answer in the end and NOBODY will be there for you.
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 had the same question because i believe my husbands ex is recieving the childs ssd auxillary benefits of 600 per month and taking 380 dollars a month of child support out of his ssd as well as recieving his military dependant benefits for their child and we live in washington state and im fairly confident our law does not allow you to recieve child support while recieving all the other benefits
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
@lesa veldman:
my son has ben in disability for over 3yr. he can not work do to mental health. hi has to pay child support but the ss send the the kids money. can that be part of the child support that he has to pay
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?
@ann goldberg:
Yes it is your child right
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!
@Tammy:
I agree!! I just got approved last week, and I am so relieved that I’ll get a back pay check that will help my ex get a decent house for my daughter to live in. I want him to get this money that I know he desperately needs.
@Tammy: My ex just had his hearing. He owes $11k +… Should I have gone to that hearing? Do I need to contact DHS Child Support to go get it for me? He doesn’t know (so he says) whether it was granted or not. Do I need a lawyer? WOW, so confused about what I need to do. Thanks
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?
@Tammy:
amen to that Tammy. My sons father is $40,000 in arrears. I have always said that by the time I can get any $ out of this loser…..I will be old and in diapers!
@:
I want to know if the ssdi beneficiary marries, the new spouse who collects child support from her ex-husband and is the spouse’s child will be eligible for benefits?
@Tammy: I have no sympathy for women who cry the blues about child support. if you sleep with a loser and dont protect yourself then it should be your problem. If women get pregnant by a guy that is a jailbird, drug user or out of work bum then why should i care? every animal competes to mate, the best of the best mate in all species. jailbirds drunks and losers should not be considered by sensible women as father material. there are too many ways to avoid getting knocked up nowadays. nsavidge
@nelson savidge: WOW !!! WHAT ROCK DID YOU CRAWL OUT OF !! YOU HAVE NO IDEA WHAT YOUR TALKING ABOUT…………. SOME OF THESE LOSERS DID NOT BECOME LOSERS UNTIL LATER IN LIFE …. GET A CLUE !!!!!!!!!!!!!!!!!!
@nelson savidge: its not the kids fault if the mother or the father is a “loser”, they deserve to be able to live comfortably, or in ssi childsupport’s case, barely get by. after all, barely getting by is bette than not getting by at all
@Tammy: I agree with Tammy. Being a parent is a 24/7 job. Just because you got divorced, separated, etc. you are still responsible for that child…..not just till 18 years old but all of YOUR life in some way or other. Start by loving them…..
@Tammy: Try paying EVERY week and not seeing your child for 15 YEARS. The Mother has been court ordered and because of her job with the Judicial System has managed to get away with this no matter how many “Show Causes” we file. Yeah, Moms have their hands out. The money is for the Children not the Mother. I’m SICK of seeing Children being seen as a DOLLAR SIGN!!!!!!!!!! Some Women need to “Mother Up”, after all, it took two to make the child.
i totally agree….
@Tammy:
Most people are disabled years before they actually receive any disability money. If you barely get enough money to pay rent how can you pay child support? The custodial parent can get public assistance, but a disabled parent can get no help? It’s crazy. My ex husband got custody of our daughter in our so called divorce. I had the child and I was never notified of the divorce court date. He got the child support based on a job I never had. Almost a year later(after he found out I moved on and had a boyfriend) he decided to have her live with him. He hadn’t even seen her in the time. I couldn’t afford an attorney and the ridiculus amount of child support and he wouldn’t allow me my visitation. The court said I had to have an attorney because custody is considered civil in Texas. WHen I became disabled due to an injury, I couldn’t pay child support. I had remarried and had my oldest daughter and my new husband and my daughter. Finally after 5 years I was awarded SSD. My check is $630 and they take $310 of it for child support. After Medicare I get $205. My ex got our house in the divorce and make ALOT of money, but I am supposed to make it on $205? Yet some people pay $50 a month while on disability? Be careful who you marry because if it’s the wrong person they can ruin your life. I lost my child and I get to be poor forever, not even enough money for rent.
@Tammy:
No it isn’t the child’s fault he is bipolar, but it wasn’t your ex-husband’s choice either so get off of your high horse.
Tammy-you took the words right out of my mouth!!! God bless you and all of the moms and dads who are caring for a child with disabilities. It is emotionally draining because there are so many children without disabilities and then some kids (like my daughter) who have “invisible” disabilities so people assume she is fine and capable of doing all of the things that other kids her age are able to do. Her dad is in denial which is fueled by his current wife who has no children. They both suck 🙂 @Tammy:
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
Yeah well the person who fractured their spine has to eat and live too.Not to mention the poor quality of life they will have due to pain cuz once you mess your spine up it will alter your life completely.The way you sleep walk shit and eat.Unless you know what it is to live in this type of pain get off his ass and get on his nuts!
Gary you are so smart do you light fires by rubbing sticks together? Do you talk fom one mountain to the other with two cans and a wire? You do not know anything, and should not comment on someones living situation! Some people are dealt a crappy hand in life and try to do the best they can so unless you know that persons situation. I would recommend you keep QUITE!!!!!!! OH by the way You 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!
@Bob: yea you must be bi-polar bob…Tammy is telling the truth…if you made them (kids)..then take care of them..they are YOUR children…I see all these comments from ppl and it just seem that you are all crazy over money (which is the root to all evil anyway)..no wonder why half of your children dont want to be bothered with you…your putting money over your seed…not a good thing…like MICHEAL JACKSON SAID (even tho he had issues 2 lol)…”IF YOU CANT FEED THE BABY “YEAH YEAH” THEN DON’T HAVE A BABY “YEA YEA”LOL
@Lisa: You go girl!! I agree 100%.
@Bob: Oh boy,someone must have struck a nerve.Sorry if you think taking responsibility for YOUR child is such a GD inconvenience.What about the caregiver that took on full responsibility of YOUR CHILD? You are a very selfish individual to think you have no liability whatsoever for YOUR childs well being,You are a loser! Unbelievable!
MOOCH!!!!
@Bob:
Bob, I know a little about Bipolar since I have it and so does my mother. I also have two children that are always taken care of and come first regardless. I am owed more than 40,000 from deadbeat dads that can’t manage to pay child support. Plus even though I am Bi-polar, suffer from panic disorder, and depression I am determined to make my life better and not just lay down and wait for a check to come every month. I am a year away from my Bacchelors degree in Psychology, I plan to take my “disability” and use it to help others make their lives better. Why don’t you do the same, if you have all of your limbs, I’m sure there is something that you can do, but you have to really want to!
@Bob:
Bob: The can ringing here is yours and the rest of the dead beat parents. I am disabled- I have been an epileptic since the age of one. I struggled very hard to be highly functioning, maintain great grades and work while growing up in a very abusive home. It wasn’t until my third child that the seizures got out of control and I was diagnosed bi-polar and anxiety. I had no choice but to go on disability. After16yrs of marriage my husband left, took the business,rental properties, bank accounts etc. Within a year everything was gone due to drugs, alcohol and women but he couldn’t pay his child support. I had to raise my daughter on $603.00 monthly, handle her medical and try and protect my home from the financial disaster he created for himself. Now because of his chosen life style his liver is shot and he became eligible for SSDI. I have not gone after the arrears but I think if he gets a lump sum of money and a monthly benefit the support should be paid,otherwise he will just use it for his habits and the tax payers are footing the bill. If you would have paid your support in the first place, you wouldn’t be behind and now you and others are going to complain when the tax payers are paying your arears!!!! You people should be ashamed. Now you may get to know what your children and their custodial parents had to do without. There- from someone who knows what it is like to be bi-polar and worse! Life is what you make it.
@Bob: You go Bob, Tell it…..
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?
@MSE: She’s defrauding the system. If there is proof he’s paying child support her check will be reduced by that same amount. So mom is collecting the full check and the child support on the side without reporting it. That’s fraud – and if she’s willing to defraud the SSA, then I’d watch out. She could at some point claim that he didn’t pay the child support since the checks no longer say what the money is for. KEEP PUTTING IT ON THE CHECK and report her to the SSA!!
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.
@Lauren in Texas:
I had this happen to me and I was told this never happens I am fighting this as we speak… thanks for posting..
@Lauren in Texas:
Lauren in Texas.
Its hard to read some of the responses to question being asked from men because as soon
as a man ask about child support . he is considered a no good dead beat trying to shuck his responsibility to his children, well give us men a fair hearing before you hang us all. I love my children. if you can still call them that the youngest being 23 years old in the service. all 3 of my son’s have never wanted for anything and never had to ask me if I loved them because they all ready knew I did. So my problem has nothing to do with child support it has to do with a women who’s trying to hurt me every chance she gets. it started by her telling me she had the child support stopped and she showed me papers proving it on Florida child enforcement letter head. and I was to pay her directly well about a month later the child support stopped coming out of my pay checks so I started to send her the money, well we even got back together the main reason for me was my children I missed them so much. well for the next 5 years we stayed together and I wouldn’t even cash my own pay checks I would sign the back of them and give them to her to pay the bills etc. well we split up again and I started to send her the money again, well she moved to New York and three months later I get court papers saying I was 35.000 in arrears. oh I forgot to add by this time I had had a stroke that left me unable to work and had file for disability and my youngest son was just 3 months away from his 18th birthday. So now I’m asking about back pay and child support arrears. because what she did not tell me, back 6 years ago was she didn’t stopped the child support she just stopped the enforcement of the order which I didn’t know was two different things so while I’m handing her my pay checks my child support is adding up down at the court house. showing I’m a dead beat dad now she trying to take my back pay. so please don’t hang all us men.
@wcd1960:
I’m sorry to hear your story pops. I can relate as do most men. We work hard and simply hand off our paycheck when we get home. Our wives insist on having “a helping hand” in the finances and we let them. When the children are born, we work harder and they get more money.
Personally, I think that if a woman complains about not having enough money, she should pass custody over to the father. I spent over 100 grand to get my 4 year old son from his mom and I got roadblocks at every turn. Child support started knocking and I had to pay. First, a couple hundred a week then over a grand a month. I work as a mechanic….what gives?! She finally gave joint custody (SHE had to okay it?! What a crock…..)and now, not only do I pay child support up the ying yang, I also buy him things as a parent should do WITHOUT writing down every nickel and dime. So, I must spend easy over 2 grand a month on food, clothes, entertainment, toys IN ADDITION to child support. Funny how she always drops him off wearing the same clothes.
Now, she gets disability and tells me she wants more child support. What a greedy cunt!
IF YOU CAN’T FINANCIALLY TAKE CARE OF YOUR CHILD, DON’T GO TO CHILD SUPPORT. GIVE THE KID TO THE DAD!
Fathers, take note…taking care of a child is not as intimidating as most mothers make it out to be. IT IS DIFFICULT, but it isn’t impossible.
My parents were foster parents and I have been around children my whole life. I’ve raised my siblings, nieces, nephews and my own kids. It is the most rewarding experience you will ever have. But, INSIST ON JOINT CUSTODY. That way, BOTH parents have to pay!
@Jose:I commend you on all the things that you do as a father and in your case she may very well be just trying to dig in your pockets until she cant anymore. My situation is a little different…hes not obligated to pay any child support because he is disabled but he can buy a car, he can purchase exspensive clothes in shoes, he can go out to the clubs and deal drugs and skip from woman to woman with kids and make sure she has a job so that when income tax season comes around he can help her spend the money. He wants her to believe that I’m a bad person and that i just dont want him to see his son and bad mouths me until she has a child for him and open her eyes to what the real deal is and the sad truth is that she is going to go through the same thing I’m going through with the same man that she was defending!!!
@Lauren in Texas:
Yes I believe the man should pay child support but everybody knows that the way the payments are setup are unfair. Why does the man has to pay for everything and the women gets all of the benefits? It took two to have the kid but it take only one to pay for it (dad) after the divorce. He should pay half of the cost of raising the child and not where he is paying for your rent & car payment ect. because it is suppose to be for the child and not so you can maintain your level of living like it was BEFORE your divorce while he lives in a single bedroom appartment. Women want equal rights but when it comes to divorce then they become helpless and they are just a poor little girl. If it was fair and the man pays half then more men would pay it but it is so unfair so stop boohooen and drive a used car and live in a smaller house or apartment because I guarentee that he drives a beater and is living poorly. I’m sure he drives over to your house and see how you are living and looks how he is and says f this and stop paying. Yes I’m paying every month and yes she goes on trips and live in a new house but I guess thats fair because it was all my fault WE have a child and she shouldn’t have to pay anything and live nicely as well.
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 believe that they would be entitled to dependents’ benefits but you will need to pursue this with SSA as you are doing.
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.
Lorie, you are asking a legal question – you will need to discuss this with a lawyer knowledgeable in child support law in Oklahoma.
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.
have you made any progress????@lutricia tennell:
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
@Shocked:
They are here because YOU chose to be irresponsible when YOU had sex with no protection. Give ME a break! Maybe YOU shouldn’t have spread your legs honey!
So pround of my son. (He pays 393.00,) social security pays 460.00 and veteran benfiths pays 76.00 a month. People are obligated to take care of their children plain and simple. He has one child.
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.
@Steve: I understand that you are disabled and receive money because you supposedly cannot work. You have children, and i’m sure you can do something. SSD gives you the opportunity to work and make over $900.00/month, and it won’t affect your ssdi. If you can type on the computer, talk on the phone, etc., then you can work. Your children come first, and both parents need to make sure their children are cared for. Children are the priority. If it means learning another skill, which disability may help you with, it is your priority to do so. Granted, if your on your death bed, severely brain damaged, I can understand. But, I guarantee, that is not the case for most.
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’m sorry…but I laughed so hard when I read this comment. Because…I totally agree!
Please do not hide behind a disability/disability payment to abort your moral obligation of being a parent. With the title of being a parent…comes the title of bill payer!
The child is the victim of your hiding in plain sight.
Dear LORD people! I am pregnant, the father is disabled and I found this site with a search for child support and disability, I am flabbergasted by the men in here who have no idea the costs (financial, emotional…) of raising the children you made! I am more worried than ever! Find a way to take care of your children, and don’t worry about whether or not they itemize how your money is spent, it is NOT ENOUGH! Hell, day care for a DOG is $400/month, how much value do your children hold? Guessing it’s more than your sorry selves, consider that!
@GrumpyBump: Wow if he is disabled and you decided to have a child anyway then maybe you should have thought of the cost first. We men in this case are flabbergasted by women like you that trap men between the legs that should have been kept shut instead of your moment of pleasure and a lifetime of our tax dollars.
Maybe you should have stuck with the dog!
@GrumpyBump:
don’t be so quick to judge. I have been unable to work since before my divorce. My ex still went after me for child support even though he makes 40 grand a year. I get 6 hundred a month and now its down to four how am i supossed to live on that? Its not about the children its about greedy ex’s.
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.
What about mothers who wont work with the fathers to make sure their kids are taken care of ? My huband worked 2 jobs and no matter how much he made child support always wanted more.At one point she wasnt getting the money that was garnished and blamed him instead of trying to find out where the money was going.She would rather my husband look like the bad guy to his 3 kids.Fathers are not always dead beats sometimes the mothers make it impossible.
I think lots of women take advantage when a man is down and out and is disabled. I believe that yes they should take care of their children but what they can afford monthly based on disability income. They should also look at the reasons why that person is behind maybe he could not work for a few years and maybe the mother wouldn’t tell them where their child was and he just happened to stumble on where she lived. Also the Grandmother who has placemenet told him not to worry about child support and now she is worried and thats just what the mother said but the man stated that if they need any help then he would help if he has the money. Come on women quit being so money hungry. Oh yes by the way, I am a woman stating this
@Patty:
Child support should be taken from both parents equally put into a moniterd account and a debit card should be given to the custodial parent, all money used with account would be tracked. Now adays child support is used as a way of getting free money for travels new cars hanging out at the malls and nothing to do with the kids.
I have never seen such selfish people as some of these. I would have to say I was very lucky that my ex. is a good man who always took care of his children.We may not have been ablr to live together but we always put our children first.I wish more people could do that!
Your absolutely right debbie.Your ex was raised by a man but a lot of women and men here on this site that owe child support got the nerve to even ask the question about giving their children the support that they should have are dead beats and money hungry people that will never come to a good end. How can you not support your children “I say to them” they ought to be glad that they even have the income they do,because most of these dead beats that are receiving benefits from SSA and owe child support there are nothing wrong with them anyways they just found an easy way to get out of paying for the children and their spouses by pretending to be half dead.No disrespect to the people who are really disabled and doing the best you can do,but this is for all you deadbeats. Debbie you and tammy and all of the others that believe in the truth is absolutely correct. Deadbeats take care of your children and be glad that you still have rights to even look at them. So many Nasty,Low graded,envious A-holes here need to love your children and see more of them.Its a lot of us that love our children on here and we would do anything to see them happy. So be prepared to give up that money cause there is not a damn thing you can do to stop it. If you owe pay and be proud the SSA is giving you anything……………….don’t waste your brethe with a negative comment cause the truth hurts for ya. Save it for the courtroom. @debbie:
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.
I’ve been disabled since I was 12 years old. I’m now 30 & I have 2 kids and was at one time able to work but my only working kidney is failing on me and no longer able to work. They take 367.00 a month for my oldest and 240.00 a month for my youngest from the 710.00 I get a month..
Now The mother of my youngest is so rude and pissed off at me shes trying to get the rest of it for day care, I need help, I dont know what to do 🙁
so if someone is on ssi they dont have to pay any child support? my wives kid is five years old and we have got very little child support for her that kinda messed up he dont have to pay anything hes only 29 and sells drugs for a living…..we cant take his house or nothing?
@the kid: That is true. I also have a 1yr old son who’s “father” is getting ssi. No support can be taken and our children can’t even get childrens ssi benefit unless they are disabled themselves. So the deadbeats recieve almost 700 a month for free from our hard earned $ that we pay in taxes and they have no responsibilities to the children that they wern’t so disabled enough to make in the first place. LOADS OF BS. Glad my taxes can pay for “Father Support”
My question is my husband receives SS monthly disability benefits. My 3 children and I also each receive a small separate payment. My husband is telling me that their payments count towards his chid support. Is this true or is chid support itself completely separate from any benefits they receive?
my childs father draws a ssi check we have went to court he was ordered by the judge to pay 42.00 a week he made one payment. now he pays nothing he was worked off and on at a moving company and just 3 months ago he worked at restrant for about a month and a week before he up and quits because he got a letter from the social security office telling him that he didn’t tell them he was working and hours he had. He did not even think about his daughter when he and his wife and other baby was spending it.
Oh, let me guess Suzy since you are into sterotypes and hunches. Let me take a crack at your situation. You are some bitter ass fat stay at home mom with no trade or skill other than changing a diapers and knowing the correct mixture of cough syrup and similac to make your kids sleep all day. Don’t pretend to know people’s plights. With your crap fest of atitude no wonder he left. You are destined to be alone and once your your kids get wind of who you are they will abandon you two. How did I do. Stereotypes ate painful aren’t they.
@Donavan: that guy sounds pretty
cool. get your welfare ass out of bed, put down the cheap booze and zanex and get to work. wendy’s needs help…….ns
i live in the state of alabama and the law here says that if you recieve ssi you dont have to pay child support so much to my surprise i get no help from my sons father because he recieves ssi
@khristi: you married a loser and that is your problem isn’t it? get a life and a job………maybe two jobs.
learn birth control. good luck at wendy’s. ns
@khristi: I hear you loud and clear. My ex husband is claiming SSD and now say he doesn’t have to pay 225 in child support anymore since SS will pay 100. That doesn’t even come close to paying anything for her. Plus he wants to take her while Im deployed to afghanistan. Even though he claims to have horrible PTSD that leaves him unable to work. So how can he take care of a child. Luckily I love the Army and that takes care of most medical costs, and give me a discounted daycare 330 a month. But that doesn’t include though the special diapers 39 a box since her skin is so sensitive, the special formula $6 a 32 bottle plus a fourth of one per day, baby food since she cant have miked based products and her stomach is so sensitive. clothes since she is growing so fast. I have paid for everything, crib, car seat, changing table. I get paid well by the military but not well enough to pay 569 rent, 330 day care, 130 in formulas if not more. 150 in diapers since the formulas makes her pee and poop more than normal children, 140 in gas to get her to daycare each month. 360 a month in car payment so I have a way to get me to work and her to daycare. when you add in water, electricity and food for myself each month budgeting only 125 for myself how is that fair? I only have 225 left from my paycheck after paying for her care and the bills while he gets 1050. in medical retirement from the army, matchng amount of 1050 from the VA plus what he is getting from SSD, state disability in PA and unemployment. that all comes to more than my paycheck after 5 years in the army and finally at the rank of SPC. He says I don’t deserve any more in support. Do I really sound that greedy?
I need to know how to put in for a AFDC Check for my kids*
If my daughters father was getting social security disability before he died but I didnt find out until after he passed away could my daughter still be entitled to back money from when her father started getting disability or is she only entitled to survivors benefits?
I was recently awarded social security disability in the state of Virginia and can no longer work. I have an eleven year old child whose father has always paid child support (didn’t like it but paid it). Now that I am collecting disability he seems to think he should be able to lower his child support payments because childcare was considered when the child support was calculated. As I no longer work he feels this should be recalculated. I reminded him that the support was calculated on what both he and I made. The amount I receive in disability is a far cry from what I made when I was working. I don’t know how this will effect child support and simply cannot afford to hire an attorney to find out. I have never tried to take him to court for an increase in child support because he has remarried and his wife has 3 children from a previous marriage one of which battled cancer 5 years ago. Although I don’t think I can be shocked with how courts handle child support I will be completely and utterly speechless to find that the support can be lowered. The child support in question has never been increased (not even for cost of living) and was set back in October 2005.
If you have any lawful information that might be beneficial I thank you and am grateful.
I have 3 children: Oldest is in college, 13 yr old boy lives with me, 12 yr old daughter started living with her mother 2 yrs ago. My ex-wife is on SSI which enables her to collect for my 12 yr old daughter and I to collect for my 13 yr old son. even though she is able to work, do I have to pay her child support for my 12 yr old? I have raised all 3 as a single father for over 10 yrs, while only receiving SSI. I have never received any child support but now have to pay it even though both childrens benefits’ offset each other.
your thoughts…
thank you for your time
I receive SSI for a workers comp injury. My child support is paid by SSI. I’ve since tried going back to work. I was told by SSI that I have a trial period to see if I can handle returning to work. I’m not sure if I’m able yet either. But I am trying. During this trial period, I still receive SSI and they still pay my child support. My ex wife is threatening to take me back to court during this trial period to get them to garnish child support from my new job as well. But I’m not even sure if I can continue working. My injuries are starting to flare up again and causing a lot of pain.
i have a question for anybody that can answer it. I am 25 years old and disabled. i have a heart problem that keeps me from doing most manual labor as to why i have ssdi in the first place. well, i had been kicked out of my old place by my parents as soon as i got my ssdi and basiclly left to fend for myself, which i have done ok. well, an ex gf of mine at the time came back around and we had a few encounters. well now she si pregnant with my child and i was even careful and used a condom, but still. anyways, we tried to work things out again for ourselves and the child but it went tot he crapper. we are still friends and me her and her mother are all preparing for the newborn due in may of 2010. my question is, sense I’m on ssdi and ssi, and sense we are not together i know child support has to be paid, but can they take a lot out? I’m not against paying for my child, it’s just that what can i do if the court rules i have to pay over $100 a month or more? I only get around $555. and if they take anymore then $100 I’m screwed. I need to know if i can fight this or at least make a agreement to pay as much as i can, and still be able to get into a public housing situation/on my feet, so that i can be a better father and be better suited to take care of my son. I am however weary that maybe my ex and her mother might be planning something and playing nice, sense me and my ex have had a lot of arguments and dissagreements which stuff was said that was unbelievable on her part, basiclly i feel as if she will screw me over and keep me from seeing my son. I just wonder if i have any chance or if I’m about to gt shafted. I cannot be left with nothing to support myself, even if they don’t care. sounds elfish on their part but they can be pretty two faced when they want something. I have fought for my ssdi for 6 years and i know I made a mistake getting her pregnant, but I don;t want to pay for the rest of my life and get shafted because my ex is a possible gold digger and seems to in some way hate her ex’s. you know what I’m saying? that type of baby mama drama. any bit of information will be helpful thank you.
That is true. I also have a 1yr old son who’s “father” is getting ssi. No support can be taken and our children can’t even get childrens ssi benefit unless they are disabled themselves. So the deadbeats recieve almost 700 a month for free from our hard earned $ that we pay in taxes and they have no responsibilities to the children that they wern’t so disabled enough to make in the first place. LOADS OF BS. Glad my taxes can pay for “Father Support” while my son gets nothing.
@colleen: not every non custodial parent is a dead beat, if we are on disability there is a reason for it. All i hear about is dead beat parents. What about the deadbeat custodial parents who owe non custodial parents money they wouldnt pay in decree and will not apply it to go towards arrears i owe. I am tired of hearing dead beat, until you walk a mile in my shoe you should judge me. I of course want the best for my kids whom are all over 19, and i owe arrears, but ex owes me lots of money he screwed me out of like having me garnished for his debts per decree, not giving me my 1/2 profit from home sold, and making me pay all his federal debt he owes for his business in which i left him 100% of as long as i didnt have to suffer for all his debt. And now after 13 years he is saying i never paid him anything, which i did and have proof, WHAT ABOUT THE DEAD BEAD CUSTODIAL DADS, AT LEASE THERE IS A MEDICAL REASON THAT UNFORTUNATELY MAKES MY SUPPORT AMOUNT GO DOWN FOR NOW.
All i hear on the internet is poor custodial parent, well it isnt always that way.
I have 2 boys that draw ss from their dad being disabled. Isthat the same as child support or is that something completely different? Can a person get child support as well as their kids drawing ss?
@Missy:
My exhusband and I have 3 children together. Right now he pays $50.00 a month in child support. I have just gotten to where I don’t care because what comes around goes around. When my kids grow up I will be the one getting to watch the grandbabies… not him. No use in me trying to fight it and waste time that could be spent not being angry and loving my children. Anyhow, one of our children has a rare neurological disorder that causes several problems. We live in different states and he has not seen him in almost 5 years. He is saying that if our son gets approved for SSI that one…..he does not have to pay anymore? and 2. He should get some of the money for his household “in-case” our son ever goes there? I think this is bologna, but……wanted to check just in case so I know for myself. I am in Pennsylvania and he is in Washington State.
These women will somehow get the money. Afterall, there is always a sale on shoes at the mall. I would love to see how they would feel If they had to account to the court for every dime they got.
@Sam:
got that right!!!!!!!!!!!!!!!!!!!
@Nelson
Are you SERIOUS??! You are probably the RUDEST person I’ve ever had the DISPLEASURE of encountering online. HOW DARE you put down these women who are only requesting what THEIR CHILDREN are entitled to!?! CHILD SUPPORT is for the children.. NOT for the mothers… THEY are fighting to get a little help from the “donors” that had no problem helping them CREATE the child but seem to believe being a DEADBEAT enables them to shirk their responsibilities….
… sounds a bit like you might be ONE of those men …
As far as it being a WOMAN’S PROBLEM because she laid down w/ a loser… You’re off your rocker. We ALL make mistakes… I’m sure that, unless you’re a virgin, every person who’s encountered YOU sexually would name you as one of their BIGGEST mistakes… That is, if you’re ANYTHING in person as you’ve portrayed yourself on this message board… BOTH people made the baby, BOTH people decided, for whatever reason, not to use protection.. and BOTH people are RESPONSIBLE!
In today’s society, it’s all too common for the father to MAKE the baby and walk away.. That goes from the BOTTOM DWELLERS to the CEO level… WOMEN, for the most part stay w/ their children and provide for them BY ANY MEANS NECESSARY… and I have a NEWS FLASH for all the men trying to AVOID Child Support or Dodge their children’s mothers…
** It takes A WHOLE LOT MORE than 500.00 a month to take care of a CHILD! **
I, MYSELF am a single mother w/ a beautiful daughter, by a deadbeat dad… I WORK HARD everyday and make GREAT money… I take care of my daughter ALONE because her father hasn’t payed ANYTHING in child support… FINALLY he got on SSDI and she got a BACK PAY check for her Auxillary benefits… I’m PRAYING that they snag a LARGE PORTION of his lumpsum back pay check to help make up for the 20k+ that he’s behind in Child Support… and guess where that will go?? INTO A COLLEGE FUND for her…
GET A GRIP! All men who are cowardly and choose not to take care of their kids are poor excuses for men… YOU can do SOMETHING… WE shouldn’t have to do all…
If you have ANY comments for me… I’m INTERESTED to hear them… my email addy is Jada406@hotmail.com…
Have a little sensitivity jerk
I always seem to read that all women complain about deadbeat dads ..HHMMM… I wonder if the courts and simply the law started to be in favor of the man for custody and to receive child support as well as having the women be effeted by the Bradley Amendment. Simply put ,role revearsal. See ladies you all claim to want indepence and be treated equally as men . LOL…. just think you have to go out and work 60-80 hrs …yes ladies WORK… just to barely survive , so you can give the money to your ex. You know exactly what he’s doing with the money , Same as you are now…WOW…that’s not FAIR is it. You see ladies you may have a much of brainless liberals running your state . But Karma is A …… fill in the blank . Your at least smart enough to do that.
I am disabled my mother stole my disability money for 29 years. I tried to get her to change the address because we recently moved. She tried to steal my money again. She was my rep payee. When I went to social security for my wife to become my rep payee they terminated my disability because they said I am an adult disabled child in their system. I wasnt supposed to marry someone that wasnt the same as me. How ridiculous is this. I only found out I even had disability because of my wifes help and my mother tried stealing my money again. She switched the address back to where she lives. They told me the record was terminated in their system and suspended. I have a meeting for SSI for an interview this coming week. Is there any way she could try to have this reinstated. I was told not, but I dont know. I dont want her stealing my money anymore! She did it way too long enough. I filed a fraud allegation against her through social security. I am possibly being considered for SSI because the only income we have is her unemployment now. This sucks can anyone help? We also are seeking a lawyer through lundy law we have a phone appt Monday.
Why don’t you lazy people get out and work! You are not too disabled to MAKE kids. Quit sucking off the public. Ikm sure there are some legitimate cases, but most of what I read here is BS!
My ex has never paid his child support. He made poor choices in life, which not only led to our divorce ten years ago, but also a short period of jail time, homelessness, and a mental breakdown. I made much better life choices, I while I have sometimes struggled financially, I do not NEED money from him in order to finish raising our children. However on principal I think he should be taking responsibility to send something for his kids, even if it is only $10.00 a month!
He has now been declared “mentally unfit to work” and will be getting some type of SS benefit, although I am not clear on wheather it is SSI or SSDI. He is telling me the kids will get a $350 a month benefit each, plus he will be getting several lump sum payments (they are back-dating his benefits to one year ago) out of which he promises (and his promises have usually been worthless) to give the kids $1000 each to start savings accounts. He also promises, from this point forward to send $50 a month for each kid.
The problems is, he is dangling this “carrot” and saying the only way the kids will get this money is if I ask for his child support case to be closed. As I said, I don’t need the money and I am willing to help him out, but I don’t trust him as far as I can throw him and I don’t want to let him out of his responsibilities to his kids.
Is he just throwing me a line to try to keep more of the SS money for himself? Couldn’t we just modify the court order for child support to give him a break and let him keep enough money to live on, rather than closing the entire child support case? Do I have to depend on him to get any benefits the kids are entitled to since I dont have a copy of whatever papers estatablish that he is getting a SS benefit, or do I make the claim myself? Do I go to the SS Administration or to the DA? This is in California.
@Lorna:
Lorna, I realize this was a year ago but sure hope you did not sign anything. You as the custodial parent should have received the backpay for the children and could have received all arrears from his lump sum back pay. Also the kids will get a monthly payment from now on from Soc Sec. sent to you. You need to go to your local Soc sec office and make sure he didn’t lie and say you deserted them and he doesn’t know your whereabouts and he has custody and you still can take 65% of his monthly amount for arrearages if he is not remarried and supporting another family- then you can take 50% monthly! Get a printout and divorce custody orders and go to local sec office and they will file the paperwork.
I was just browsing the web, trying to find information on whether or not I could garnish my ex husbands disability check and I stumbled upon this site. I had to leave a comment because I was so surprised to see so many fathers talking about how they feel they shouldn’t be garnished. I wonder why they feel this way.? I have been a single mother for nine long years and in that time I’ve worked my butt off getting an education and working full time for my child. We are doing great, but I still feel entitiled to some child support, which I will never see. I don’t understand how men feel that they shouldn’t have to pay. Why would you make a child and expect not to give that child any kind of start of their own.? It’s not the single parents fault some of you only get 600.00 a month. I just wish you guys would take care of your children like hard working women do. Peace out!
@Lynne: I agree with you totally. My ex-boyfriend is on SSI and he works at temp jobs but quits whenever he gets bored of them and dont want to go anymore because he knows he has that SSI check to fall back on and he gets a tax return back every year so why in the hell can he not pay for his child support??? He was not to disabled to make a baby hes not to disabled to pay for it!!!! Im tired of hearing boo hoo I only get this much a month or I only get that much a month. I bust my ass working and do not get much more than they do but I have to support his child all on my own because he is “Disabled” my ass he is…..
It is to my understanding that SSI payments or settlements CANNOT be garnished, nor can it be ordered to have any amounts taken out of them. I received a letter signed by a county judge and the county domestic relations office in Sunbury, PA. The letter was sent to the SSA. It was an order to take up to 50 percent of my settlement and monthly payments to pay for child support. Is there anywhere that I can get a copy of the law that states SSI payments cannot be garnished, so I can send a copy to the judge and domestic relations office? Why was this order ever even sent? I applied for SSI not SSD
It is to my understanding that SSI payments or settlements CANNOT be garnished, nor can it be ordered to have any amounts taken out of them. I received a letter signed by a county judge and the county domestic relations office in Sunbury, PA. The letter was sent to the SSA. It was an order to take up to 50 percent of my settlement and monthly payments to pay for child support. Is there anywhere that I can get a copy of the law that states SSI payments cannot be garnished, so I can send a copy to the judge and domestic relations office? Why was this order ever even sent? I applied for SSI not SSD
I became disabled after having my son (It was retroactive back to 2 months after his birth.) My (ex now) husband was unable to work, so my SSD and SSI supported all three of us. He now gets SSD, and my son gets a small check on his earnings. The magistrate who did our divorce said that counts as child support. Child Support Enforcement said that it’s not, because our divorce decree is not enforceable. My ex gets the same amount from his SSD as my SSD, SSI, and my son’s check combined. He bought a trailer in the same park my son and I live in so that they could be close. We have open visitation so that he can see him as much as he wants. My son has spent the night at his place twice since last May (two nights total, not two weekends.) I haven’t pushed the CS issue, even though SS told me that I could, because he said he couldn’t afford it. Now he’s moving about 1/2 hr away to be with his girlfriend, but he is going to be paying half of her bills, PLUS lot rent and electric at his trailer here. (She has a son, but not custody, and doesn’t pay CS.) I know 1/2 hr drive doesn’t seem like much, but it is extremely difficult for me to drive. The magistrate said that he won’t reopen the case or order CS, because his previous order is enforceable…though no agency agrees, they don’t want to get involved. What can I do? I live in Fl.
I have been disabled since 08 and I finally won my disablity case.My kids will get their monthly checks also.My question is I am going for a divorce.Me and my soon to be ex have been separated for 12 yrs.I have not paid support since Feb 08 do to not able to work.Can my ex get child support on top of the ssdi benefits.She is also on disablity.
Hello, my case has to do with paying child support, which I have been paying on for close to 10 yrs. I have been paying for back support payments that presently add to $40000.00 with the interest adding up continuously, even while paying child support through previous employers. Presently child support payments are taken out of my unimployment benifits, and interest still continues. My kids are all grown-up, with kids of their own, but I continue paying. These back payments for child support are being taken out from welfare institutions that my ex-wife utilized to support our kids. I’m not trying to make any excuses. I know that It’s my responsibility to pay. Next month I will be attending a judicial hearing, for my case to recieve Disability benefits. I just want to know, that if I win my case. Will I have to continue paying on my child support directly to the administration, or what can I expect? What procedings will I be looking at? Will I be in danger of loseing all of my Social Security Disability award?, or can monthly payments be arranged?
I have congestive heart failure and have been receiving SSD since 2005. I have also had $312.00 a month allocated from my SSD since 2006 for child support arrears, I only receive $432.00, thats whats left. Do I have any rights since my children are 23 and 26 with kids of their own. They are girls and take their mothers defense even though my ex wife has a good job, a home that’s paid for, go’s on vactions around the world. I am not saying she’s a bad person, but when I asked her for help and allow me to ask for a modification she told me forget it and I am practically on the verge of homelessness and my question is since I have a pacemaker/deffibulator implant and was told I need a heart transplant do I have any rights or is there something I should do to help myself, I own nothing but a vehicle that I still make a payment on and I have to depend on the kindness of others and that’s wearing out all my friendships and resources. I just don’t know what to do? I have not disputed it till now because I managed to get by, but I have to get help here, I cannot work, its a miracle that I’m still alive. Somebody out ther please steer me in the right direction, please, I need your help. Sincerely, Brian
my sons father is on ssi but he is working right now n i cant get ssi for my son or even child suport n im a single mother so how is that fair!
So what happens if you are awarded a lump sum from SSD and you dont owe back child support? Do they still get a percentage of it?
I have 4 children and their father receives ssdi. He has a 5th child and all 5 children receive $63 per month a piece. He owes both the other mother and I thousands in back child support. He is getting 880 a month. How and can his lump sum or monthly ssdi be garnished for the support that he owes. Will we just have to do without because of a faulty system?
I was just given a fully favorable decision about my disability claim (Filed on July 6,2004) and I have recieved my SSI backpay check for the past, but I am unclear if a state can take my Disability Back Pay Check for child support arrears. I’m also very unclear (even after reading the federal laws) about the current monthly support. Whether It is covered in the childrens backpay & monthly checks or if I have to keep paying out of my monthly disability check that I recieve. I want my children to have all the best but I also must survive too.
I lost my rt leg in 1997 and was awarded ssdi and a lump sum at the same time before I lost my leg I was in arrears by about 15K, but paying my wife thru garishment 50% of my weekly check. It averaged out to 250.00 a week. I filed for modification and had her support dropped to 124.00 per month.And its been that way ever since. The money is taken from my bank account and I’m down to 6400.00. I lost my left leg in Jan 2010 and she has yet to get any of my ssdi
I have been disabled since I was 18 years old. For many years I drew an SSI check but I did work whenever possible. Ten years ago, several months before my marriage to my current wife I had a fling with a girl that lasted approximately two months. During that time there were many reports of her being with other men, and that is ultimately what lead us to seperate.
She left me, approximately a week after finding out she was pregnant. Now at this point I had no idea whether she was actually pregnant, whether the child was mine, and she disapeared off the radar. I heard that she had contact with my parents but when I inquired with my father he said that she had not been in contact at all. Approximately two years ago, I recieved a letter in the mail that I needed to report for DNA testing. I did, and found out miraculously I had a son. An 8 year old son.
This started a long bout of court appearances where I was assesed for child support. I understand it is my obligation to support the child I never knew about and I agreed to pay child support without any questions. I only asked that I be able to visit my son.
I was told by the attorney general that the decision whether to see him or not was in the hands of the custodial parent, and that I had an obligation to pay child support either way. I nodded my head and signed the paper for child support. I was not given the chance to have a lawyer I could afford. ( which would have to be free, or close to it) I was given a child support payment of 150.00 which came from a 700.00 monthly check. I decided at that moment to make sure that everything was taken care of that I would ask the money be directly taken out of my social security disability benefit.
Recently I was also assessed for a medicare payment, a total of 100.00 and a back child support payment totaling some 23,000 dollars. All of which is coming out of my social security disability check, my 700.00 check is reduced now to 330.00. I do not recieve any other state or federal aid. I do not ask for food stamps, I do not ask for housing, I do not ask for anything.
I read most of what was typed here, and it broke my heart. I struggle daily to get by. I don’t want out of my child support, I want to support my child. I think though for someone with a long term disability there should be some form of assistance for people who are trying to take care of their child.
I think that the social security benefits that a child can recieve due to their parent being disabled should be placed towards, or suppliment a monthly child support payment. This way the child is taken care of and the disabled parent too.
Unfortunately our system doesn’t workt hat way.. so I will continue to try and forage around for only 330.00 a month.. LOL..
not complaining, just sharing my story.. I do think however, that every county in every state should make it clear that if a parent is paying child support, that they have the right, and the privilage to see their child, and that it should not be left up to the custodial parent.
In Knox county TN, a person simply has to go to the county clerks office and fill out a sheet of paper, to get hte ball rolling for visitation.. However in Blount Co. Tn, they say you have to employ a private lawyer.. Legal aid will not help with visitation.. ( unless you are a female) a fact I learned by calling and asking for help..
The cheapest private lawyer in Blount County asked for a 1500$ retainer.. I have a 500$ a month rent.. HOw in the heck am I supposed to afford a 1500$ retainer.. when I only get a 330.00$ check? It makes no sense..
Anyway, just wanted to share my story..
@Christion: I hear you and know what your going thru.I am in the same boat,surrounded by sharks.Everybody wants a piece but dont want to help.Not everybody is a deadbeat dad.It seems to me that its all about the money,not the children.
I have not seen my daughter in some 15 years,only because the laws are all against men.
We are deamonized even before we get to court.If women really think they have it so bad in this country,then they should try being in a man’s situation.We dont have a billion groups and services like they do.I know women who collect money from work,ex-husband,current husband or boyfriend,and STILL complain.And she dosent even have to account for the child support money to anybody !!! I have no way to know if my kids are getting that money.You women wanna talk about unfair ? Not to me you dont.Good luck Cristion !!!
I have been seperated for two years..My husband has gotten SSDI my son has recived back payment..My daughter would of but cause she is hearing impared and get;s SSI they kept her settlment..Each child recieves 250 per kid..Now my husband is filing for divorce and he tells me cause the kids receive 250 he does not have to pay child support…In the divorce paper he wants me to give up all child support benefits … i just want the divorce should i accept that the SSdi child benefits my kids receive as child support? Plus only being seperated not legally as far as i know he owes no back child support i never filed a claim… I figure if he don;t want a pay time then it shows me and the kids how much he cares
If your children are receiving Social Security off of their father he will not have to pay child support.
Hi I have to kids 11 and 12 and it’s been a fight for years with my ex on paying support for the kids. It has been about 2 yrs with no money or help of getting any from him. It’s a on going problem with him. He has 3 other kids with two other women, he is know married and lives in low income houseing and works under the table at some generator company. He claims he’s unable to work and struggles well thats not so. He is 36 and is on ssi benifits and dhs is not able to keep tabs or help me in any way. My ex has always wanted to find a way not to pay support for his kids well he finelly thought of some way of doing so. I have tryed over and over to get help on this matter but it never gets me any where. My ex is playing a big game with this support issue. Please if any options? thanks
My exhusband of 5 year was collecting SSDI. He passed away last week at the age of 53. Our children are now 29 and 31. he never supported them. He owes me thousand of dollars in child support. Am I or my children entitled to his SS Benefits.
In August, I will begin receiving both SSD and SSi due to Bi-polar disorder. My soon to be ex-wife and I have twin daughters, under the age of one year. This may be a curve ball question, but is it possible that if I disagree with my amount owed to actually RAISE the amount? I love my daughters but can no longer live with my wife. Being bipolar and being disabled there are housing programs and state assistance available to me, but little for her and the girls. I know it’s an odd question, but any help?
Wow, I am shocked by the animosity displayed towards disability’s and fathers. It is not always the father’s fault. I have not seen my daughter in four yrs because she was illegally taken out of the state. I had driven the mother to the airport so she could visit her family…because of that the authorities refused to get her to return even though she did not sign and submit the papers required to leave the state for more than three weeks. The woman was a deadbeat. She could not hold a job and was constantly trying to get pot. I started working 14+ hrs per day to provide support for us but all she would do it was chat on a computer or cell phone. When I would get home I ended taking care of Ivy. I really don’t care if I have to pay as long as I can see my daughter…I don’t even know what state she is in anymore. Regardless, I developed pneumonia and bronchitis while walking to work and back to support them. Now I can barely mow the lawn without coughing blood up… While I am scared of surviving on such a small amount due to garnishments and am worried that the money won’t get to my daughter. Is it possible to put it in a college fund of sorts or a roth? The mother I am afraid will just spend it on alcohol, tobacco and pot…like she did with the arrears of the previous marriage
@Chris: No it is not always the fathers fault, I was in an accident, hmm lets see not my fault, broke back and neck, had surgery, going through ssi process, and the injuries are in depth from the cervical to the lumbar but yeah I am called a dead beat dad for the last 3 years.
Some piece of work many of these women are that they still have their hand out for what little we will draw and be expected to give half of that too when it is way below poverty level to start with.
Thats why they call it an accident people. Wake up.
My ex-husband had failed to pay his child support for years even though he was working and well able to do so. I obtained a judgment on arrears and an IDO. He has just been awarded SSDI and has also been collecting a stipend from VA for PTSD arising from his service to our country in the Vietnam war. All I want is the $50 a week payment on the child support arrears until paid in full at $16,000.00. I supported the 2 children all their lives with only minimal or nothing from the father, even though through those years he was able to own his own airplane, a Jag, and beautiful, large house on the hill. Does anyone know what I need to do to get this $50 a week from his SSDI or VA benefit? Thank you.
Minnesota laws are the worse.
#1. If a female claimed you abused her. It is true by all means until proven otherwise. Guilty basically until you prove you are a good man. Minnesota courts suggest all man are bad. I verified this with a dozen lawyers.
#2. All income is captured/forwarded to the female by child support.
#3. If female claims abuse the male is required to take anger management classes EVEN IF INNOCENT to verify that he is a good man. The catch to this is that now the court can say you had to take an anger management class so this makes you an abusive person by some % or chance.
#4. All children are automatically given to birth mother. Father must pay all costs to a child center to visit. In fact he is required to do so and required to visit or he loses all his rights to the child & may face full child support wreckage to the extent the law allows and it’s lots that the law allows from taking your bank account right down to your tax returns, driving, & even your ssi, ssdi checks.
list goes on and on. You can imagine how easy it is for a female to set a trap for a man. It’s not hard at all.
Not hard at all especially in MN.
I was a victim myself. Married her, gave her a child and shared everything with her. Never laid a hand on her. Today I lost everything.
May the lord rain down justice someday. This is so unfair.
I ask my SS office why do I owe $18,000.00 to them because I am DEAF , but I gave them my check stub to fix it for me but they never do that, DO I have to pay back ? I need HELP, MY Mom and dad are passed away. I don’t understand this stupid people talk to me that he want my money for his job, But i read his lip that he want me pay him $18,000.00 but it came from my work , but I can’t work because of back problem.
I used SSA but I want SSDI but they refused it . I have no kids , married 1 time and now divorced back 1979 but never married again just single. But what should I do I have to pay back $18,000.00 for my old work 3 different job but quit my job now ,but 1 thing is my back hurt a lot can’t work just stay home , take care myself . I do not understand but really big UPSET , I NEED HELP AND NEED LAWYER .
I have a question my ex husband receives 3007 from his military retirement and 1157 a month from SS Disability. I get paid child support from his military retirement, Can my kids get Childsupport and SS Disability from their father.
If ex is in the process of getting SSI and is 4 months in arrears with child support. If get a claim through the court for the arrears child support, would that effect him getting his claim with SSI?, which he said could take up to 4 years. Will SSI give me what he is in the arrears for child support or do they start as when he started the claim?
Thank you for your time. Hope you can answer this for me.
I get child support payments through social security and my daughter has been wanting to get a part-time job. If she where to get a part-time job would we get cut off or would the amount we get decrease because of that?
My exhusband can no longer work due to mental illness. He is in a hospitail and he is getting out in december. We have three children under 18. I was getting child support, but the order was stoped. Can my kids collect SS disability
My question is simple. My brother is 50 and disabled living in a state run mental home, and I just found out the State is taking my parents SSI to pay for this. Is that legal? They have $400 to live on after the State takes what they want for my brother. Any advice??
HEY WHEN ARE U ALL GOING 2 GROWUP! FOR REAL!!! COULD THE MAN WHO STARTED THIS BlOG ANSWER SOMEONE’S QUESTIONS! IT’S LIKE A _____ SOAPOPERA!!!
A disabled woman received auxiliary benefits for a minor child for two years. meanwhile the child was living with her ex-husband. Now SSA knows about it, she is going through hearing process. Can the ex sue her on his child’s behalf to get the money she stole? If SSA penalizes her by requiring restitution, that money goes back to them. Does he have to wait till the whole fraud process with SSA plays out before he does anything?
can any one answer the question with out a another question . if you worked for 30 years paid your taxes then file for disability. and have child support arrears what percentage can be taken out of your back pay disability check I just owe arrears the child support is over
Yes. Basically, arrearages are just as important as the support itself and the interest that often makes up the arrearage is prohibitive for a reason.
Also I jumped into this string to make a couple observations as (1) a disabled (2) one time single parent (3) married to a guy with a vindictive lying ex-wife and I also happen to be an attorney of 20 years experience who works in disability law but I do not give advise on the Internet or take clients therefrom.
Let me make these comments: the purpose behind sex is procreation. The fact it is pleasurable and procreation is not a guaranteed outcome isn’t the point. No matter who you are , the simple fact is that the only effective oral contraceptive is “no.”. We no longer allow ourselves permission to live a life where of we cannot afford something, we do not take it. No one gets hung for stealing a loaf of bread anymore. (thank goodness) but the result is that we yearn before we earn. We buy houses we can’t afford, cars we can’t maintain, and yes, produce children we cannot or will not ever be able to support.
Do the disabled have the right to have children? Yes. If they, not the taxpayers, can feed, clothe, and shelter that child. If you have a child or children and fail to obtain ordinary insurances, disability gap insurance, life insurance, and yes, savings while you are able to work so that if the day comes that you are disabled due to an accident and are called upon to continue to support yourself and the little human you chose to procreate with another person, then expect that your insurance settlement, worker’s comp proceeds, SSDI, VA benefits, all are subject to attachment because if you are entitled to eat, so are they.
And what of the parents who cannot collect? Move on. Get a degree if you can because you also owe your child support and if you let your life be about how the ex, now disabled, is “screwing” you and the kids, then you are right. I have an 80 percent hearing loss in both ears, chronic fatigue syndrome, chronic migraines, had cataract surgery at 44, and run my own practice and employ two people who work around my extremely weird schedule. Of course, I also pay a living wage, health benefits, and child care but I’m hard to work with.
Am I rich? No. The average attorney in California makes about $60 thousand which is solid money but not rich. I don’t even work full time and I employ two full time people but I make it work by living simple, driving used cars, and my kids understand the difference between want and need.
For those of you who are currently paying child support, here is a free piece of advise that is worth it’s weight in gold: keep every single cancelled check FOREVER. In certain states there is no statute of limitations for child support. If your bank does not return checks for free, pay for your support check copy front and back or pay by money order and keep the stubs stapled to a copy of the filled out order. Even your estate can be ordered to honor the existing child support orders under certain circumstances so do not assume your death takes care of the issue.
I know there are many desperate angry people out there who are on both sides of this issue. Then there are the kids. I see one parent upset that Dad gets $16000 and son is going to college without his help and Dad owes arrearage. Two different issues. First, let your son work his way through school. I did. I wasn’t disabled then so no special ed grants. But it really cuts down on the parties and goof off time. I worked, did my extra curricular stuff, studied, slept a little, got high grades, into a top law school and so on. I appreciated my degrees because no one handed them to me. Also, no parent owes their son or daughter any education beyond high school. However, dad does owe the arrearages so why isn’t someone attaching his bank account when the money deposits? Why can they only catch it when it when it is issued? Most states let you do a creditor’s examination to determine where the money has gone and also to let you enjoin or freeze an account using the same methods creditors use collecting any debt. Most law libraries have this information available.
And finally, no, I will not respond to any individual requests. Sorry. My malpractice carrier insists upon it. But please believe me when I say that I feel worst of all for those who did pay and didn’t keep records, for those who can’t collect and whose kids suffer for it, and for those who are now trying to live on forty percent of their disability because they at least they decided to have kids when they were healthy and happy and could afford to do so. For the rest, I am not sure I have a lot of sympathy because as I said in the beginning, sex is really the purview for those who can afford the consequences. If you can’t afford to raise a child on your own under a variety of reasonable scenarios, then maybe do not have one is the answer. My parents came from very poor families but were rich in work ethic and education ethic. My father only had an eighth grade education, then joined the military, went to night school, and eventually got an MBA. My father was disabled during his time in the military and died while I was in college hence my suck it up attitude. Still, I work hard on behalf of those who do not have options and know not everyone does. I am just saying that you can blame everyone and everything but sometimes what is missing most often in these situations is personal responsibility.
@william:
I don’t want alot more just enough to at least cover the increase in day care this year. I’m only asking for about 140 more. on top of the 225 h4 gives me each month
THere are some interesting topics on child support in this forum. I’m a great guy who goes to college ever day to make something out of myself. My ex just took my kid to Knoxville, and never told me where he was at or where they were going. I went to court after spending out $1,600 to pay for my son but stressed that I wanted to see him. The DE told me that I really didn’t have any right to know where my kid was or entitled to seeing him untill the papers where signed which cost $100.00. I asked this man if I could get a paupers loan to get th paper work filed to get to see my son. His response was that I’d be better off paying the $100.00. I explained to the DA that this could be money going to my kid. His response was that paying the money meant I was responsible. I can agree to this but I didn’t have the money after paying them $800.00.I never get to see my kid and I’ve quit paying all together until I get too see him. I will suffer the fate of jail come Monday because I don’t have $800.00 more to give, Custody should be established when the parents go to court over child support. This would eliminate the bitch’s and dads from being god in giving a man or a women the right to see their kids. All I can say people if you are having problems not getting to see your kid, stop paying the worthless person and we can make lead way when it comes to this issue. P.S I hate my bitch ass baby mommas
my sons father get to have my son every other weekend and he gets ssi and he owes childsupport. can his ssi check be garnish by child suppost
I have a good question- I receive child support directly from SSDI for my minor son through my ex-husband. He has since re-married and is on his 3rd child with his new wife and each time he has another child the amount of child support I receive is cut.( I guess there is a set amount for dependents that is just divided by the number of children the disabled person has.) This is the 3rd time the support for my son will be cut in 4 years. Is there any way to stop this? He just keeps reproducing children he cannot afford and the amount of child support I receive for my son keeps dwindling. SSDI does not have answers & just says there is nothing they can do. Please help.
Today EDD of Calif just seized $9000 of disabilty money from my bank. The money is still listed as pending? and it all the money I have until I am back on feet. 4 heart attack, 4 stents, 8 angio grams and a mess more..
Can I get the disibility money back? Perhaps by filing bankruptcy?
Their reason for seizure….In 2001, at the end of a 6 month temporary work assignment, a partime worker (who kept his own hours) told the state he was my employee in order to collect unemployment. The state believed him, then audited me and requested I pay $9700 to them. I refused and being uninformed I forfeited my appeal rights. However, I have paid back in excess of $9000 thru tax refunds due me the state has kept. Any direction you could give would be much appreciated.
Thnx,
Robert
Will banck
im a parent who deosent recieve childsupport from the father its unfair to lock up t the fathers who dont pay childsupport but p#ople on ssi dont go to jail for not payingits bs.
My ex and I have 1 child together and he recieves SSDI, Im not even sure exactly why , he also works around 30 hrs at min wage, his mother is his payee and for the most part she was giving my daughter 200 a month but only if her father saw her, ive reached my breaking point with this situation, im a single at home mom with other children and im a full time student and im wondering if i petition the courts for child support will they take it from his SSDI? Hes now saying he doesnt have enough to pay for her support and his mother wont do the checks anymore, it seems to me that he wants all the prvlgs of being a father but none of the financial responsibility that comes with it.
we do not have court ordered child support so i havent said anything about the amount only being 200, the online calc says he should pay 102 a week, he recieves 1500 in SSDI and works as well, i just want to know if they will take his support directly from his SSDI
Not only can the take the support from his SSDI benefits, but you should contact Social Security Administration cause if the father is indeed receiving SSDI then your daughter is entitled to receive a check as well that doesn’t affect the amount of his monthly benefit.@sheri:
I have been trying to keep up with all the comments, but I still don’t understand the difference between SSI and SSDI. My ex husband is getting some sort of assistance, but I have no idea what. I am going to the SS office and see if my son can get some benefits. By the way, I have never asked him for child support, even though it was court ordered. Some of you that think that custodial parents have it easy or are living beyond their means… you are wrong. I struggle to make ends meet, don’t qualify for food stamps or any other benefits. I finally got tired of seeing my ex getting drunk at the local bar and ignoring my son’s needs. Will my son get some benefits? I don’t know, but I am going to try and see if he can. Oh and by the way, I see nothing wrong with moms using some child support money for gas or rent because the child has to live somewhere and needs to be taken to school and events. Anyways……anyone have any idea if my son can get benefits?
@Esmeralda – SSDI is Social Security’s disability program that is available to claimants who have paid Social Security taxes. SSI is a welfare program for people who have either not worked, or who have not paid enough taxes to be insured (qualified) for SSDI. If your ex-husband receives SSDI, your children are most likely eligible for “auxiliary benefits.” If he receives SSI only – no auxiliary benefits for children are payable. You need to find out if your ex-husband is receiving SSDI – if so, he needs to advise Social Security that he has eligible children. Note that if auxiliary benefits are payable those payments will not reduce his SSDI benefits.
@Esmeralda: I would think your son is eligible if your ex is receiving benefits. Not totally sure but it would make sense that he could. If you have your ex ssn just go to the local welfare ofc and see if he’s in the system or receiving any type of assistance. It’s for your child and should be accessible. Let me know if you can get any answers as I am looking for some myself.
i was recently approved for ssdi and also my 3 children 2 of whom i’m still having to pay child support even though they are in my custody full time. first of all, how can i make the state understand that their mother signed a paper saying that I have them 51% or more of the time ( more like 99% ) and will my back pay go towards any or all of the child support owed? PLEASE HELP ME!!!!!!!
@Richie: my ex is a sex offender and he took my kid 7 years ago and i havent seen her and i been paying child support and he dont have my kid and i am getting a ssdi now what should i do to get her back
My ex husband owes over $200,000 in child support arrears. For the last 10 years he worked “under the table” so I could never get his wages garnished due to his being paid cash. I never received any state aid for my children and the attorney general tells me they only help with cases that were filed before the children reached 18. My question is can my ex-husbands social security disability be garnished for back child support ? He has applied for it but has not received it yet. I know that in most cases it would be garnished by the state but since I never went to the state for help they have no knowledge of my case. How do I go about informing the Social Security department know of this and what if any papers need to filed with them? Or do I need to retain an attorney for this?
Any information is greatly appreciated!
Only way the father’s benefits will be garnished is through a court order, so even if you contact Social Security Administration about back child support we would not be able to do anything. NOW, if the fathe is approved for benefits and it was determined that the date of entitlement goes back to prior to when the children reached age 18 then the children could file a claim to receive the monies that they were due up until the point they graduated from high school.@Diane:
ok my ex is getting on disablitly due to mental illness.. my kids are 18 (still in high school) and the other is 19 and in college…. My ex is $50,000 behind on back child support and makes NO PAYMENTS NOW! … will my kids recieve a check??
The father of my child was approved for SSI in March of last year but her failed to put my daughter on his claim, he had a child support order in placed and did not report it to court. We went to court and thats when he informed the judge he was getting benefits. My question is can I seek child support payments from my previous order, which was 295.00 and he owes 19,700 in back support.
my wife was aproved for ssdi benefits and will receive back pay as will my daughter. i have legal costody of her ,she thinks when the money comes she can use it as she wishes. she is 17 , should she get it or do i use it to take of her. she is not very careful with money . me and my wife are legaly separated and she hasn’t paid any child support at all which would be 17 months behind
My son yr old son receives ssid which I am as father in charge of. Can friend of the court take HIS SSID. TO PAY. My arrearage from another child? They put a lien on both my and his joint mnor acct to try to collect. The only money that goes into those accounts is his ssi payment every month. Help! They already illegally raised my support order and I’ve been out of work for two yrs applying for my own ssid from a severe back injury.
I am now 32 my sister is 33 and my brother is 36 and my father receives SSI and owes backpy on child support. He used to have a bank account and they took the money because he owed but who keeps that money. My mom used to get TANF benefits in the past and till now she hasnt seen any of the child support come to her. Is it because of our ages? Even when we were younger and my dad was working nothing ever came her way. Can you please advise. Thank you.
I am floored by the ignorant comments that I am reading. First off what about the time before these people became disabled. “Give the child to the father if you can’t afford them” what a joke that is, if he is bitching and moaning about not being able to afford the child support he definetly can’t afford to raise them. Besides obviosly we are affording them they just might not be getting all the extra kstuff. Maybe no name brand cloths or trips to Disney World but who the h*ll do you think is clothing them and feeding them and is fricken Santa Clause. Not you. Child support is to keep the child in the lifestyle “they” have become accustome to. Another thing, the courts don’t pull a figure out of there butts. I sat down with a mediator and worked out a figure according to my income, his income ect. Honestly on a personal level I might have been more willing to work with the father off my child had he been paying or even attempting to pay for the last 10 years, but like so many men once the court started taking money from his check he got another job and disappeared. So now that he can’t hide he wants me to give him a break and not go after his disability. To all “those men” kiss my A**. Some of us B*TCH’s became that way because of you low life dead/ beat dads.
@Tami Ann:
I had to reply to you Tami.. It is obvious that you care about the money not the child yet use the child as a ploy…Look health comes first without that how can a parent work to bring home the money for the child(s) as you proclaim. I can tell that you probable look at CS payment as your income when it needs to be in an separate account for the child which no one ever does. So you use the money to live out of your mean and not in the child’s means. So lets take this to the ex stream shale we..instead of being disabled what if that person dies would you then dig up his grave and scratch the remains for money. The point is if you have a child the child is also your responsibility and you first need to learn how to support the child with 0 assistance on your time then that money from cs reserved for the child will benefit the child as it is designed for..Now I also do not want to forget about the other end if a parent is trying to fake disability then they should be jacked up. If you notice I say parent people need to ask the ? who is the better parent? because my ex wife has moved 11 time in last 8 years, married some one from the criminal system and can never hold a job.. I live same house for 11 years all my jobs over 6 years haven’t found anyone who can handle my Achilles heel, but the system feels she is a mother and that is where the child belongs. i want my child to be with me every day more than i have now..but not to get into that I have to figure out CS because I’m on temp disability for 3 months broken bone..It shouldn’t be a question temp disability should be just a check box on a paper and I’m relieved for healing time plus she and her husband make as much as I do before I entered disability but I guess I’ll figure it out. Last not I also think both parties need to hand in a copy of their w2 forms and 3 months of bank statements to prove income no more estimated I and Es my ex lies every time how can you pay a 1200 dollar rental with a 0 dollar and 00 cents income + food+ 2 new vehicles and so on. hum-mm…well the system is what it is a good intention flawed..
I have been on SSDI for several years. I have paid child support through SSDI.
Do I receive the money my kids were receiving after they turn 18 or out of high school?
SSDI stopped paying them but they didn’t increase my monthly check.
No sir you do not cause the monies that we paid to your children as dependents had no affect on your month benefit amount. When you worked to receive the benefit you worked enough to set aside monies for any dependents.@Geo:
My sister and her husband are separated and she wants him to pay Child support and he doesnt work cause he is mentally disabled and he recieves SSDi payments, Can they take out the child support payments out of his monthly checks from SSDI, or not?
I feel for all out there that is having to deal with ssdi,ssi,and children… I am as well in
this type of situation with my husband of 34 years. He has a 14 year old son and has just recent had to apply for his ssdi due to severe neck and spine injury.You know you talk dead beat dads.some are I may say..THANK GOODNESS MY HUSBAND HAS NEVER BEEN LABELED THAT SO FAR…But what about those B*tches that get involved ? They help make these children, but their not called dead beat hoe”s.it does not matter who owes what as long as these children have at least a fair chance in life..So stop worring about how much money your gonna get from ex or whoever, take what you get raise your children to the best of your abilities and knowledge.
My ex wife applied for disability 1 month ago to avoid paying child support in Michigan and the Judge granted her time while the claim is reviewed, but now she has moved to Indiana and has not informed the FOC or Social Security. She also put on facebook that she is looking to care for children or be a home health aide (under the table) for income. Doesnt she have to file in Indiana now and inform the FOC?
So my ex has been getting SSD for 4 years we have a 2 1/2 year old together. We have gone in front of a judge to get things settled but the only thing that was pushed to the side was child support. I have sole legal custody of our daughter, unfortunately he gets to see her every other Saturday for 4 hours. I think that I qualify to get some sort of child support. He does have 2 other children with his girlfriend but I feel he needs to step up and take care of his first born. What can I do to get something out of this.
i was wanting to know i draw ssi and ssec i get total of 694.00 a month, and i have two kids in which one just turned 18 and is full time student in colledge,and my son is junior in high school, i have been single mom of 4 for 12 yrs and i worked untill two years ago due too alot of illness, back surg, chrones disease, fybromialgia , RA, and i have a angioma in the brain in which take sezure med and other med thyroind disease, and i am a breast cancer survivor and i have DDD. it is hard to do alot so i am limited on everything and found out i have maculate degeneative disease of the eyes in which there is no help for me, the other two are married and i have a ex who sent papers in mail to go back to court, i was getting 400.00 a month for both kids, and i was wondering if anyone can tell me if they will base my income on minimum wage but i do not make that and i have no other assests and will they consider my income i have raised them on my own until they was old enough that he would not have to do anything for them, an i am letting him claim our son since i do not make any taxable income at the time, and he does not have to pay for any colledge she was lucky enough to get help for that and she does not drive i have to take her back forth an she started working about14 hrs a wk, she does not have any money either to help out i just wanted to know will they take 1/2 of child support away it is hard to make ends meet . i never took him back to court when i ended up just drawing disability can anyone just please help me calculate about how much i will get and it is court ordered they take it out of his check, i live in ky law, thank you and god bless..
my problem is trying to fine my son father i have SSN .But child support not giving me the help i need.plus i get SSI. PLease.
Anette, if you have the father’s Social Security number, you should be able to find him. There are several services on the Internet that will do this for $25 or $30. Otherwise try to find a local private investigator who can run a computer search. Good luck.
I am on S S D I and my ex wife’s child is disabled when we were married her daughter received half of what i got ( I never lost any of my own money but her daughter still received half ) how is this possible if I never adopted her daughter we were married 18 yrs I married this lady when her child was 6yrs old , she is now 24 her father is in Federal prison and still is , the ex put her child in a group home and is moving to another country Do I have any rites to this child after raseing her 18yrs and why did the State pay her half of my S S D I if I wasn’t her biological father ! Please email me back Thank You Gerald
As an employee of Social Security the step child was entitled to the benefit simply due to the fact that you were married to her mother. if a divorce had occured prior to the child turning 18 then those benefits would have stopped cause she would no longer be considered a step child. As far as any rights I can’t answer that but it appears you would since you never adopted the child.@Gerald Hinkle:
This is adding to my question her biological father never had to pay child support because he was in federal prison does he half to pay it back once he’s let out even thou the child is now 24 I raised two of her daughters that the biological father never paid child support can i receive any of it now
@Gerald Hinkle:
go to the dead people social security look up site. the social secuirty administration will tell you how to get to it.
you can find you father’s SS number there for free. I did
what is the percentage that can be taken out of my disabilility for back child support?
If you are not supporting a second family then the max is 65% and if you are supporting a second family the max is 55% and I am an employee of Social Security Administration.@Don:
My wife and I are estrainged now for 2 years. I live in another country. She lives in Texas with our 2 children. She is drawing social securiy checks for herself, and each child because of my age , over 65. Can she garnish my social security retirement check for child support?
If there is a court order from the court, then yes sir your benefits can be garnished.@Earl:
I have a question. My fiance is disabled and his two children reside in N.J. One is 19 has left shcool and the other is a ward of the state. The one who is still at home spent six months with us earlier this year. My fiance is paying $110.00 per month he now only recieves $900.00 per month. The mother of his children is trying to get more money from him more than $500.00per month. This seems very unfair..can she do that?
i have 3 children i raise on my own. why cant the rest of you do it.?
from what im reading, everyone is trying to hurt someone else… what a shame. keep your knees together, & you wont be looking for anyone else’s money…
@gloria: I agree with you Gloria.Cant we all just get along ?
For the childres sake.
I currently have 3 kids and the father has a court order to pay. He hasn’t taken care of neither child since they were born. He got married to someone who had 4 kids before they married. His wife says that he has an obligation to her kids first. He and his family is trying to take me to court for custody of the children. I recently found out that he just started receiving disability payments, so will any portion of that go towards his child support payments? Can someone please assist with this answer, i’m a young college student with three kids and no help, I keep food in their mouths, shoes on their feet, clothes on their backs, and a roof over their heads, with no assistance from anyone on their side of the family. I’m not looking for a hand out and trying to take others money, as some posters stated. My kids are well taken care of, but like they say it takes two, and you can never have too much help.
@Myesha: I applaud you for trying to do right by your kids.All i see on this site are sniveling, wimpy, deadbeat fathers trying to shirk financial obligations.Granted,there are some people who are truly disabled,but that doesn’t exonerate them from their financial responsibilities.If you are on here complaining about supporting your CHILDREN,you should be ashamed of yourself.Is that everyone else’s job? Get real!!! You’ll get no sympathy here.
Contact the Social Security office and they will tell you if the children are entitled to any benefits. Now if the father is receiving SSI the children will not be entitled to receive any benefits.@Myesha:
I have sole custody of my twin 14 year old girls. There mother does not help out financially or emotionally and has an order to pay child support which she ignores. She currently owes $30K in arrears. I do not expect to ever see a dime of money. Recently my girls have been asking to go live with their mom. I am seriously considering letting them do that. They are becoming increasingly unstable emotionally, they are acting out by lying and stealing. I am hoping that spending time with their mother will help them emotionally and become stable. I am also concerned that if I give the mother custody she will try to take me to court for support. I have no problem with taking care of my kids and they will still be provided for no matter what. If I give up custody will the courts disregard her arrears and make me pay child support? I know if this happens she will not use the money to take care of my girls. She has 3 other kids and most the money I provide will go to her other kids. How do I protect my kids to ensure they are financially taken care of?
@Jermaine: You’re a real piece of work!!!!
@Jermaine: Please disregard my last post.I meant to direct that comment at Trev. Sorry..
@Jermaine: How do you protect your kids? You spend more TIME with them. Obviously, if their mother is not capable / able to pay you child support then how would she be ‘financially’ capable / able to take care of their wants / needs? Don’t EVER give in to your children’s demands! They are 14 and you are the parent. They are at an age that their behavior is not unheard-of, and not acceptable either. Be stern. At the end of the day they’ll still love you. Welcome to parenting 101. Sounds to me like you’re giving up due to a little bit of stress. Don’t fail your girls. You’ll regret if anything were to happen.
My sons father collects ssi and my question is can my son collect anything. I am a struggling parent also!!
If the father is receiving SSI versus SSDI then the child will not be entitled to receive any benefits.@carrie:
My kids each draw a check off of their father’s disability benefits and the check comes to me and he doesn’t pay anything in child support because of that but my question is, does he still have to pay a certain percent of their medical expenses or is that all left on me?? I have given him receipts for medical bills that I have paid for the kids but he refuses to pay anything towards the medical bills. He literally doesn’t pay for anything they need, if he signs them up to play sports he won’t pay the league fees, he makes me, if I go to one of their ball games on a day that is his visitation, he refuses to buy them anything to eat or drink and tells them to get money from me and I won’t let them go without but once I buy them something he will make them share with him.
I live in Michigan and my child’s father lives in Connecticut and hasn’t paid support in a very long time. I understand that he is receiving disability of some sort through that state. How can I get help for my child who has no insurance.
Contact the Social Securtiy office to see if you child is entitled to any benefits. Simple as that. @Amanda:
My child’s father is an alcoholic who now has seizures due to his excessive drinking, and that is exactly what he receives disability for, a condition that he himself has created. How does that happen? How do you get state disability for a condition in which you create yourself. Instead of paying for him to go to a rehabilitation center, he gets to collect free money and not pay support again and isn’t obligated to pay his almost 9 years of back support either. How is that justice for my child?
So I see that some of you are saying that somone on SSI doesn’t have to pay benefits? I was just approved for SSI and I have been ordered to pay 181 a month for child support. I owe 500 in back pay for child support. I was diagnosed with PTSD, Borderline Personality Disorder, Anxiety, and ADHD. I was talking to my boyfriend about my child support and he told me I don’t have to pay it anymore and he would talk to a judge or lawyer for me. He said since my ex won’t let me see or even talk to our son that I shouldn’t have to pay him child support. So I thought he was right. But I still want to pay it because it is my obligation as a mother. But I also have another child that I am taking care of and the losers I live with want to take my whole SSI check for rent. I still need a car too because I don’t have one I won’t have enough for my 2 kids, a car, and rent =/
my sons fathers on ssi and hes a scumbag he claims he cant read and wrire plz theas pple who still work who cant read and write its called copy and see wut pple r doing and I got bipolar depression anxiexy pstd petite mal seizures got denied mi ssi five times and I really dont kno how sum of you ppe are on iht iforin bipolar when
I was just approved for disability benefits. I will know next month how much I’ll get a month. My question is I owe the State of CA back child support. My kids are all grown now. I was wondering if the State of CA could garnish my check.
Nathan, I believe that the state can garnish SSDI, but they cannot garnish SSI. You should speak to a child support lawyer now to see if you have any options for negotiation.
I was wondering if my husband would still have to pay child support if his daughter is turning 18 this month and will begin recieving SSDI. Technically the court paperwork says until she is 18 or finishes High School, but her mother is signing her up for SSDI as soon as she turns 18 and before she finishes school. Does the SSDI force her into the “adult” category. Her mother would then recieve child support and the SSDI which is double the amout her child support is until next summer.
My question is simple… I have 2 children 1 of whom has childhood leukemia and his mother recieves 647.00 a month for switch and all his medical bills are paid by St.Jude children’s hhospital and is covered 100% and he is on medical card the same with my daughter..my question is why am I required to pay child support.on him and medical when she recieves twice as much money in said than I would pay in child support for him… iam not trying to get out of paying for my kids but she recieves 400 a month in child support and 647 a month in said and also has a full time job working 40 plus hrs a week.. and if I try to work overtime at my job the state raises my child support… how can one parent get everything and the other parent struggle to live… I make 480 a week and after child support and health insurance comes out iam left with 260 a week to pay my rent,bills gas in my car insurance and my other bills… why should I barely be able to live while she is allowed to receive help from the state with no consequences to her income….
Joshua, the only way to get your child support obligation changed would be to go back to the state court judge that issued the child support order and to request a modification. Until that order is modified, you will remain obligated to pay what is stated in the current order.
I get roughly $715.00 and they take $287.00 a month of my disability benefits is their anything that I can do about it?
Gregory, who is taking the $287 and for what purpose?
Hi,
So that this makes sense: I am on SSDI. My son who is autistic receives SSI. We BOTH live with my parents.
My EX-BOYFRIEND [his father] DOES NOT receive either. He has no job; but does have to come up with child support each month on top of paying for school on top of paying loans… yikes. Anyway. He does not live with us. In fact he lives in another state.
Why does the SSA take 2/3 of my EX’s payment to my son and deduct that amount from my son’s SSI payment? Why does the SSA take some $224 and some cents for “FOOD AND SHELTER” when technically he lives with me?? I may as well never have tried to get any ‘help’ as aside from Medicaid [okay that is a huge blessing], but aside from that; he gets barely anything from SSA each month!
If you can answer this for me, you know WAY MORE than the vast majority of SSA workers [pst, not that hard]… I DIDN’T SAY THAT!!!!
Vally, SSI is a welfare program and they use a complicated formula called the “deeming rules” to adjust an SSI recipient’s benefits to account for “other sources of income.” What is happening here is that Social Security has determined that your household income (which includes child support and the fair market value of room and board as provided by your parents) is over the SSI poverty threshold. They are therefore reducing your son’s benefit based on the deeming formula. I would not assume that SSI’s calculations are correct – you should make an appointment with your local Social Security district office and ask for a detailed breakdown of how they arrived at the reduction they are imposing.
February 16, 2010
Can disability benefits be garnished to pay child support?
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I am often asked if Social Security Disability Benefits can be garnished to pay child support payments. The answer of this question depends on what type of Social Security Disability benefits you are receiving.
If you are receiving Supplemental Security Income (SSI), the federal government does not allow these benefits to be garnished. SSI is given to lower-income individuals – those individuals such as the aged, blind, and disabled who meet certain low income and resource levels and do not qualify for Social Security Disability (SSDI). The federal government funds SSI through general tax revenues so that the qualifying individuals can pay for expenses such as clothing, housing, and food. Because the federal government treats SSI as a public welfare benefit and not as income for the purposes of child support payments, they do not allow Supplemental Security Income benefits to be garnished.
On the other hand, Social Security Disability Insurance (SSDI) can be garnished to pay child support payments. SSDI benefits are funded from the money you as a worker paid into the Social Security system (through employment taxes) when you were still working. The amount of SSDI benefits you get is based on how much you earned/how much you contributed into the Social Security system (via taxes). When employees become disabled and are unable to work, these SSDI payments act as a replacement of income. According to the federal government, because SSDI is considered a substitute for lost wages, it can be garnished for child support payments.
A benefit of SSDI is that children of the disabled workers that receive SSDI payments may qualify to receive SSDI benefits until a certain age as well, and these payments can be subtracted from the child support owed.
@Rudy Gonzales:
I need to know if my ex wife got her SSDI and also got my son’s SSI that is total more than around $1,500 per month. Do I have to pay child support to her around $400 per month. So my ex wife got that money too much and lives with her parents, so I want to know that is legal or not.
My son’s father is trying to apply for SSI, but he just lost his job due to the amount of morphine that he takes. My question is, if he was able to work I know that he may qualify for SSDI, but he currently receives disablity pay from the Veterans Assoc. He is claiming that he will be 100% child support exempt. Is that true?
Hi Karen,
My ex has been on SSI for more than a year, and the CA child support office closed my case and said that there is nothing they can do. I moved to TX 6 months ago with my current husbands job transfer. Just called SSI again and they said because it is Social Security Income vs. Social Security Disability Income, I am inelligble for ANYTHING right now. They cannot garnish a penny. SSI also makes my daughter inelligible for anytype of SS benefits from her father, so we got nothing. It was already slim pickings from this dead beat. He usually paid between $25 – $100 of his court ordered $400/month (if anything at all) for 5 years. He only paid $300 in some years. With that being said, I at least had some recourse in knowing that when his well off parents pass, I might get part of his inheritance as “backsupport”. Now, for the past year the back support has stopped accruing since he is on SSI and they say he simply does not owe me anything right now and it is not being accrued. This is very unfair to my 10 year old daughter. I feel for you.
i paid all my support and he is now 25 married with kids, the state is claiming i owe 50k for med ins that she never got for him. can my disability be taken without prior notice or any chacse to dispute?
My ex husband owes 15k in back child support payments. I am currently not receiving any child support and have not received any since December 2010. My ex just informed me that he was awarded in court by the judge SSDI benefits. I contacted SS and they informed me that I could not make an appointment with them until the father receives a letter indicating the award from the SS dept. My ex also informed me to contact the child support office which I did today. Now my question, how long does this whole process take? I had to declare bankruptcy as I am in sales and it is tough earning enough money to take care of 2 kids(they are 14 year old twins). Will Child Support Services garnish back pay to pay the arrears? Is 25% the most they can take from him? Can or will they order a monthly amount for the arrears in addition to Child Support garnishment? I am a bit confused. I understand the kids can collect a benefit if he was awarded benefits. Is this an amount in addition to Child Support or to they co mingle the benefits with a maximum? Will the children’s benefit also be a monthly as well as back pay? Thank you in advance for the answer to these most perplexing questions.
Ok, let me start off by saying, I was a single mom of four children whose father NEVER wanted to see them or pay child support. I am now married to a wonderful man with two children of his own. He pays $700 a month for child support because of arrearages he has because the mother lied about how long they lived together (they weren’t married) and also because she told him their youngest child wasn’t his. So after HE proved he was the father, she got him for arrearages. IF we even get to see them, they look like orphans while she’s all decked out in nice clothes, freshly manicured nails and a nice new hairdo. So, for all you women on here who want to say that, because he and I think that’s unfair, he’s a deadbeat, f*** off. Maybe you all are just mad at yourselves for not finding a REAL man to knock you up or maybe you’re just money hungry like my husband’s ex-bitch is. Go get a damn job and help these men out. By the way, she doesn’t either. My hubby pays for it all.
In 1990 I was tired of my ex-wife running off with this one and that one and leaving my son. So I made her a deal. If she would stop leaving him she could have the trailer and 3 acres of land in leiu of child support and I would pay her $100.00 per month. She agreed but as soon as I went to an attorney and had an attorney to draw up the papers for child support to her for my son. She cut out to Florida and left the boy again. In 1993 I had a car wreck I had multiple anyurisms in the head and had surgery and disabled. In 2005 we had a court battle over custody of our granddaughter. Well this made her mad and she had a friend that was an attorney so in 2005 she took me to court to pay her back support from May15th 1990 to November 3rd 1993. October 1993 I had surgery didn’t know who I was she remarried me November 3rd. Now in 2005 I could not remember a whole lot of things due to my surgery and the loss of memory. But I do know from may 15th 1990 I had the boy with me. We left Illinois and went to Virginia and stayed with my daughter and I got a job there driving a truck. We stayed there until September of 1993 then moved back to Illinois. We moved in to my mother’s trailer and I enrolled him in school. His mother finally came back from Florida and since I drove a truck he went back over to his grandmothers house and mom and go to school from there.This was the longest time she ever spent with him about 2 months she met a guy from Indiana and took off with him. In short out of the 3 years of back support she was actually with this boy about 5 months in total. During this time from May15th to November 3rd 1993. But because of my memory loss she got $2,300.00 back support and with the interest accruing everyday it is over $10,000.00 now I honestly do not owe it because in that time period I was always with him taking care of him and any time she spent with him was when she was with me and him together. What can I do and how much can they take from my Social Security disability to pay this I do not really owe. I mean it pretty much takes all I get a month to live on. So I was just wanting to know how much will they take from my Social Security Disability.
i get $800.00 a month from disability child support takes $500.00 and i get 300 is this legal.
i can’t find employment and about to have my gas and lights shut off and become homeless.
help
i have a relative is on ssdi owes delinquent child support child is almost 30 years old he ncan barely walk suffers from nueropathy diebetic and cancer child doesnt work dad is trying to take care of himself and 30 year old now 400.00 of a 800.00 ssdi check is now being garnished. they are about to be homeless. is there something ither one of them can do. can the adult child go to court and get his own child support payment orcan the non custodial parent take ex wife back to court and ask for relief?
This sounds like a situation where your relative needs to find a good domestic relations lawyer, either through Legal Aid or perhaps a pro bono effort by a private lawyer since I assume that your relative does not have money to pay a lawyer.
i want to know that if i move from nh to mass. and i get 735.00 how much would i get in MAss
It sames as if everyone onthis page has a different story….some I am sure are true and some I know are not. For instance, you cannot receive ssi and ssdi at the same time Fyi – ssi is given if you have not income and a child and are awaiting ssdi which take six months after filing if you are considered in the right financial status. Secondly, the state does little or nothing to help you receive the support of a dead beat, disappeared dad….you must do the work yourself and push them to do as much as the state will let them. My childs dad had disappeared for over 13 years, was under several diff ss#’s (one of which was my childs) and then filed for disability. I had my second round with aggressive cancer and had to file myself when all of the sudden, out of the blue I asked about maybe if he had filed….guess what, hed did and finally she received what she deserved. They took part from the state as being one of her children and the other of the 63,000 back he owed, they are making him pay 52 extra dollars at a time along with the regular 400 he had been originally told to pay. At this rate, she will get it until she is 30 because of the large amount of back he owed, and the small amount he is having to pay towards it. But don’t give up hope….I am doing pretty well, she is happy and getting what is deserved, and hopefully, he is destitute. Don’t you think he deserves to be?
I just recently won my case to get disability benefits from the SSA. I also qualified for SSI benefits. Not sure how it is in other states, but according to the Ohio Department of Job and Family Services, SSI benefits ” Cannot be garnished to pay child support”. SSD and SS Retirement can however be garnished to pay support.
Here’s a thought first disabled means can’t work 2 the women since that’s who gets custody wake. Up get jobs you lazy bums my God its not that hard. Granted takes two to make a child leave disabled people out ofiteven if they owe child support get a job the child support is what makes me think some are gold diggers. By the way I don’t owe child support. Child support is used for a free ride for the other parent
I have a question what if the children are over the age of 18 but the parent owes 40,000 in back child support. I was reciving back child support from him then he passed. Can I get the back child support from his social security. If so how do I do this in Michigan
I just have a few questions. can a non-married, non-domicilie parent get disability benefits on her child that has autism? Also, is it right if the father of the child who lives with his mother lets his mother collect a disability check in her name even though she has no custody of this child? The custody is shared between the child’s two parents. Would shared custody make a difference in who can collect the disability check? Child’s mother has 36% custody and father of child has 64% custody.
I was warded child support in 1996 of 164.00 per month. My ex never paid a penny. I have recently been informed that he has been awarded SSDI, has recieved 1 check of his back pay and is suppose it get another back pay check in about 90 days or so.
The child is 25yrs old now. Am I entitled to get the child support that he never paid? If so, where do I go, what do I do?
Linda, I would start with the child support enforcement office – bring them all the information you have. At the very least your children may be eligible for auxiliary benefits.
@Linda:
Hello, Linda. I live in California and If you have a child support order and it was in effect at the time your child turned 18 then you should have an accumulated amount of back pay owed to you. The da should be garnishing his wages only if it is ssdi not ssi. If he does infact owe backpay and case is still open he will have to pay no matter how old your child turns. They will garnish his ssdi untill it is paid up. I would go to child support office and they should be able to tell you the amount that is owed and then you can notify them that he is recieving ssdi.
I find it amazing how many people here are judging fathers without knowing anything about their own UNIQUE situation. My ex-wife KIDNAPPED my child from me and left the state – but I got ZERO help or even ADVICE from my state in finding her. In fact, they were hostile to ME. But I damn sure got that child support “reminder” every single month for FIFTEEN YEARS of my daughter’s life that I TOTALLY MISSED, while her ‘mother’ was dragging her all over the country, forging checks, begging people to let her, her pedophile lover and my daughter live with them, and then they would steal everything they could steal from them so they could skip out and move on to their next mark.
Do you think I paid ONE CENT of child support to a criminal who had not only KIDNAPPED my daughter, but who was also SEXUALLY ABUSING my daughter along with a 60+ year old man who was her “partner in crime”? NO. NO. NO. And oh yeah…. HELL NO. In MY particular case, I was willing to go DIRECTLY to jail for however long I had to, since the State had ZERO interest in helping me to locate my child; but EVERY interest in getting the MONEY; and also because the STATE WAS WRONG and I was RIGHT. I had NO ACCESS to my own daughter for FIFTEEN YEARS, but they FULLY expected me to finance her life of crime with a KNOWN pedophile who DID, (unfortunately) have “access” to my daughter.
It appears to me that the people here are mistakenly assuming that all females are freaking ANGELS who ALWAYS do the right thing, while EVERY man who may be delinquent on his child support is the scum of the earth. Blindly judging ANYONE like the IDIOTS on here are doing is the STUPIDEST bunch of nonsense I have EVER had the misfortune of reading.
Did I forget to mention that my ex-wife also had ANOTHER child while i was married to her that was NOT my biological child? And that she listed ME as the biological father, because the real father was a REAL deadbeat dad to FOUR other children he had by other women? And oh, yeah… I was being held responsible for THAT child too, and was DENIED a DNA test because (1) they couldn’t locate my ex-wife or daughter, (not that they ever tried), and (2) they said that, since I was married to her at the time she gave birth, I was the father for all “legal purposes”, (even though I didn’t even know where she was at when she got pregnant OR when she gave birth to the child.
Every child support case doesn’t involve a perfect, ideal, 1950s-style “Leave It To Beaver” family that has an amicable divorce and still gets along “swell”. And a WOMAN is EVERY BIT as likely to be a deadbeat, a criminal or a bed-hopper as ANY man. I also suspect that some, if not all, of the MEN who are on here posting judgmental garbage are TROLLING FOR WOMEN, and they think if they pretend to “take a strong stand” against another man who is behind on his child support – even if that man has the ABSOLUTE BEST OF REASONS – will make them appear to be a “good guy”. I would bet money on it.
Why don’t we try a little bit of old-fashioned HONESTY and “folk wisdom” here? The men who are speaking about ALL of the moms here like it’s a “given” that they are “perfect moms” are most likely LOOKING for a single mom because they figure they’re easier to hook up with. Also, many of the women who are posting here talk as if their kids are just a monthly check to them. Some of them sound like they are ONLY worried about dollar figures, and barely mention their child/children. In fact, some of them sound downright greedy, like they’re willing to try ANYTHING to get MORE money than they should be getting.
WOMEN: BEWARE of these men on here that are trying to portray themselves as “perfect citizens”. As far as YOU know – THEY are deadbeat dads. As the old saying goes, “the guilty party is the loudest accuser”.
There isn’t ONE person on here, male OR female, who has ANY right to judge ANYONE – EVER. Especially when they don’t know ANYTHING about them. When one of you knows ME personally, and has walked in my shoes – then, your silly comments might carry some weight. This page contains the biggest collection of comments from incredibly desperate men that I’ve EVER seen in one place. What a bunch of POSERS and amateur judges all of you are.
Mr. Ginsberg, you might want to consider moderating these comments; it appears to me that you’re unknowingly operating a free “men looking for single mothers” personals site here.
I do moderate the comments – this topic generates a lot of comments and I try to let folks have their say. You should see the ones I delete!
This thread has been going for a long time and I read several years worth of comments. As someone who had custody of their child and the ex refused to pay child support and would quit each time they caught up with him, I was more than happy to write off the 20000 he owed me in back child support and to stop receiving the 400 a month in current support when he wanted to give up his rights. He is (he was undiagnosed until after the divorce) extremely bi polar but still manages to hold a full time job. One he has held now for around 8 years. He could afford the payment but he didn’t bother with seeing her and with some of the calls I got from him, well lets just say i feared how much he could mess my daughter up mentally if he actually took an interest in her after not seeing her for 6 years.
My husband at the time adopted her happily. I wrote off all child support current and back for her even though the judge wasn’t real happy. He said just because he terminated his rights didn’t mean his obligation ended to her. I told him it did as far as I was concerned.
When the second husband and I got a divorce he was already on disability. Again when I filed for the divorce I didn’t ask for child support as my daughter was already receiving almost 150 a month from SSDI and I knew it would increase when his son from a previous marriage aged out. She now receives just shy of 300 a month in SSDI benifits. The judge then wanted me to set a child support seperate from the SSDI, I explained to her he would only receive around 900 a month and that in this world it would be hard for him to live off of that as it was.
I guess I am weird. I know with him she will receive a payment till she graduates no matter what. Whats the point of going after more? Whats the point of making it to where he can’t afford an apartment to live in? Even if he never sees her again. I do understand that these other parents should support their child but there should be a cap on what they have to pay. There is a percentage which most child support is set by. If that amount is less than what they get a month from SSDI, why be greedy? why go after more? Okay so maybe your ex has ten kids so your child only gets 30 bucks a month… I see where you feel you should get more. However I wonder how your kid feels when they can’t see dad cant see the other parent cause they have no place to live and can’t work to get a place and its because you went after what little money he gets.
There is wanting to do right for your child and there is being greedy. I think there needs to be laws that cap how much they can take out of your SSDI for child support. Laws that go across the board not just for one state.
Maybe I am wrong on what I think. However I know when my daughter starts asking questions as an adult I wont be ashamed of my decisions to not go after more money. I wont have to worry about the ex telling her what a money greedy biitch I was and that I caused him to be homeless. She will make her decision about her birth father and adopted father for herself based on their on actions.
well I am sure if you had legal rights to your daughter and tried hard enough then you could of found her
Why didnt the daughter call and let you know where she was if you are such a great dad
My mom did that to us and the minute i got a chance i called my dad if you wanted to her you would of and you had to see the signs so why did you marry her
I have noticed alot of people on this forum, do nothing but wine and bitch about how they haven’t received money to raise the child that they are using against the father. Most women on here sound spiteful. I will not go into the issues of my case. I,m going to put a question out here. Now these folks we are talking about are in the arrears, never mind the screwed up economy and the falling dollar and yet another war looming on the horizon. But these folks are in fact disabled. It takes a selfish peace of trash to talk to disabled people in that fashion. They have enough problems and then you want to add insult to injury. Now ask yourself this question. If you two were still together and one of you had to go on disability, would you be taking them to divorce court and take all they had coming from disability just because they got sick and could no longer contribute financially to the family. It takes the sorriest of the sorry to do that. I have already been arrested once for 106 days and my brother took his last money to bail me out. Been awaiting disability 2 yrs now. Company I was working for at the time they laid me off because of my health issues. That was June of 2010. Still waiting, I get light headed and pass out. There isn’t a company out there that will hire me. Too much liability. Workman’s comp issues. I now have been informed I have another warrant out because I can’t keep up. I have borrowed from friends and family for 2 yrs now. Enough is enough.Take the time and look into the Title IV-D child support agency and you will see where the real “DEADBEATS are. Follow the money trail. The child support agency and its court system is the most corrupt in the World. Government should not be allowed in family matters period.
Some of Yall need to relax. Listen: I’m a proud father of a little girl I have to pay child support for,I’m on ssdi cause I was dignosed with multiple sclerosis. My baby momma cheated on me and got so embarrassed that I caught her red handed that she left me. I told my baby momma I didn’t care if she wanted to be with other people,just let me stay with my daughter. My baby momma said no. She also has three other daughters and a son. I felt bad for them so I took them in like they were my own. If you ask me she is child support shopping but there’s no law against that. I would love to have my daughter and not get a cent from my baby momma. Is it fair.
Fact: it cost on average it cost 40000$ to support a child on child support. If the payer dose not pay they are incarcerated. It cost 20000$ a year to incarcerate any criminal. Don’t you think the government could do something to help?
And I don’t need a answer, unless there is a law against child support shopping! There probably ain’t tho.
And before you say anything I had no clue she was receiving support from the other dad. As far as I knew she had no money but the money I gave her.
I am paying back support from my Social Security. And will be paying until I am well into my golden years. When I told him that I was tired of being the only one working and taking care of the kids and household he actually took her and changed his name until he needed money. (he has always known where I have been). Anyway the judge made the statement that after it is paid off my now 26 year old daughter may receive more if she wishes to do so. How is this possible? I am raising my grandson on a mear $674 a month.
Can you please tell me why Social Security told me that I draw the maximum and therefore there is not enough for my daughter to draw from me? Now I am raising my grandson. Can he recieve payments from mine? EVERYONE that I know of on social security with children also get payments for the children except me. It is wrong. Is it possible that they really do owe my child and were just giving me the run around?
.My husband gets SSID…does he need to have full cutody to continue receiving our sons portion of his check or will it continue with Joint custody
I owe $4300 in back support $68,000.00 in intrest so I know how states cheat and abuse people.
All my children are long grown the youngest is 28 years old. The state gave their foster parents all the help they needed. I have had MS since 1985 I’m now wheel Chair bound
have been for 12 years. Was never allowed to write or see my children.
I am on social security disability and owe only interest, The arrearage is paid of in full. I am dying from a rare Heart Lung Disease known as Pulmonary Arterial Hypertension and I also have a cpl other afflictions which are killing me. I am married and have 2 minor children I have exhausted my 401k and pension trying to keep my family above water and have been reduced to being on Medicaid and Snap benefits which is not something I like but I cannot work even stress could cause a Heart Attack. Now that your familiar with my story my question is can the Illinois SDU still garnish my benefits even thou what I owe is Interest only? I am looking forward to your opinion…
I just have a quick and hopefully easy question. I have tried reading at least half of these comments, but there isn't one that I can find to answer my question straight out.
I am currently on SSDI due to illness, my 10 month old twin boys receive money every month as my dependants. So my question is this: If I sue their sperm donor for child support, do I have to give up the SSDI pymts I already receive for them? Basically, I guess my question is: Do you get one or the other? Or both? Or what?
I want to make sure they are taken care of by one or the other. I don't want or need both paying for them. I worry that the donor will not be able to keep a job and pay child support. And in that case, I would not sue for child support at all bc he is not dependable.
I receive ssdi. I have 2 sons! Because of my disabilities it was best for them to live with their dad! I receive $1084 in benefits! They take out $463 for child support they also receive 400 a peice from my disability! But guess what I don’t care! I am responsible to assist with the cost of raising my children! Yes I struggle to make ends meet but I would rather do the struggling then to see my boys do with out! I live in low income housing and I receive food stamps! Not something I’m proud of but I don’t have much to live on! I will do what ever it takes! Geez think about your children! It should not be left up to the custodial parent to pay for everything! they are your kids too! I don’t bitch and moan about how much money they take! Just take care of your kids!
I receive SSDI AND SSI. The SSA has been paying my 2 daughters (divorce) a monthly benefit (1/2 each of “Family Benefit ” )since onset date of MY disability in 1995. I had a 3rd child in 1997 (with my 1st rep payee! not ex-wife.), after I had been recieving SSDI/SSI for more than 1 year. My son began receiving 1/3 of the SSA “Family Benefit” payment starting on his date of birth. After my daughters reached 18 (6 and 4 years ago), my son began receiving the entire “Family Benefit” payment monthly.
Now (2013) after 15 years, I recieved notice that SSA was starting “new garnishment” in amount of original child support order for my son . I am certain that no previous payments (SSA “Family benefit) were credited to the child support payment order(as law requires). I am concerned that I will become homeless due to decrease of my SSDI/SSI and arrears will not decresae although in theory I HAVE been paying support(by SSA rules) for my son since his birth 15 years ago! I also wonder if my son will recieve 2 monthly payments as this seems convoluted. There are other circumstances that compound this situation, which I believe could possibly apply, such as my mental illness and actions of my Rep Payee during the period she was payee.
Any information will be greatly appreciated.
@Robin,
I agree, I would rather see my children recieve some support as opposed to do without, after all, they did not ask to be brought into this world and they deserve every ounce of support we can offer. However there appears to be a point when the ammount of support should be limited or specific guidelines that allow a human to live without excess hardship. If your children are receiving a payment from SSA and this is because you have become disabled and are unable to work, then in theory this is a form of child support. It is support at the level which you CAN contribute. If your SSDI is sufficient to allow you to make an additional payment, then this is for the better; however, if additional money taken from your monthly SSDI, other than that already paid to your children from YOUR family benefit, will cause an unnatural hardship and force you to rely on others or other public funds to live should not be appropriate. many states count SSA payments to children as credit toward a support obligation, as should be.
CS has a lien on social security,when CS knows SS is approved..child support put a lien on workman comp,because WC will by you out if you are approved for social security disabilty…CS has been told by WC lawyer the full amount will be awarded..my SS has been approved for three months and CS refuses to take the lien off SS until they have a check in hand from WC..CS has been charging me CS when SS would pay my daughter her support from me..its still over a month away before court for WC…where does the disabled father wanting to settle this go for help so his health and livlihood can be taken care of…getting relentlessly serious,,any helper..
My son’s biological father lied on his social security disability applacation and said he didn’t have any dependants. I have a copy of the DNA test and his name is on his birth certifacate he has also been paying child support off and on for the last 12 years through CSI. Is there any reason he would knowingly lie about having kids?
Hi-
I’m working with a client who is on SSDI and has had his benefits garnished. This has put him in a situation of having to give up his apartment and move in with a relative. Is there any regulation or provision that helps protect the client from being “impoverished” by the child support payments? Thanks.
Pay as you should and that reality will not haunt you in later years
My sons father is refusing to pay child support, and see’s getting Social Security as getting out of paying. My son is also on SSI, so if his father were to get SSI would I be able to receive child support payments? why does it matter which SSI or SSDI,… shouldn’t child support be a law to pay if ordered by courts?
if a man has a child and is tryong to get ssd for the child but owes child support for another child from a different mother, will he still be awarded ssd for the child in his custody?
HELLO; I’M A CUSTODIAL PARENT WHICH MY DAUGHTER AND I ARE OWED $45,000 IN BACK ARREARS OF CHILDSUPPORT; NOW THE ABSENT PARENT LIVES IN BOCA GRANDE FLORIDA FOR THE PAST 20 YEARS; AND BOCA GRANDE FLORIDA IS ONE OF THE WEALTHEST CITYIES IN THE WORLD OR ISLANDS; THIS ABSENT PARENT HASN’T BEEN SHOWING UP FOR COURT; LYING ABOUT HIS INCOME FOR APPROX 20 YEARSETC… NOW HE STATES HE’S ON SSI;WITH A BOGUS LETTER FROM AN ALLEDGED SOCIAL SERCUITY ADMINSTRATION; THE LETTER WAS FROM ALLEDGEDLEY LAST YEAR – SOCIAL SERCUITY UPDATES THEIR INFO YEARLY AND HE’S WORKING SELF EMPLOYMENT;THE JUDGE STATED IF THE ABSENT PARENT WAS FOUND TO HAVE LIED ABOUT HAVING SSI;THAT HE WOULD BE CHARGED WITH PERJURY AND COMPTEMPT OF COURT; BUT THE THE ATTERNONY GENERAL OFFICE DIDN’T EVEN VERIFY CURRENT INFO ON HIM; I WENT TO SOCIAL SERCUITY AND INFORMED THEM AND THEY GAVE ME A COPY OF MY COMPLAINT AND FILED IT TO THE NESSARRY PEOPLE AND THEY WERE VERY INTERRESTED IN HIM HAVING A EARNING INCOME WHEN HE SAID; HE WAS UNABLE TO WORK AND ALL. PEOPLE THIS $45,000 AND THE GOVERMENT WHICH PROMISED ME AND MY CHILD JUSTICE I FEEL HAS FAILED US; BY NOT CARING TO FOLLOW THRU AND VERIFY; HOW EASY WAS THAT TO DO.SSI SHOULD BE ALLOWED TO BE GARNISHED; IT’S TAXES PAID FROM WHEN I WORKED OR BOUGHT ANYTHING SO THAT PEOPLE CAN GET FREE MONEY OR LIE AND DECIEVE TO OBTAIN IT- I’M STATING THIS TO THE ONES WHO DO LIKE THIS ABSENT PARENT. NO ONE MAKES MINIUM WAGE ON BOCA GRANDE; THEY START OFF AT$10.00HR AND MY DAUGHTER FATHER SAID; HE WOULDN’T WORK FOR ANYTHING LESS THAN $13.00 HR. I’M UPSET.
SORRY TYPO- NOT SHOWING UP FOR COURT
Ihave been applying for my ssd forbout 10 years now.Iam 48 years old.I BROKR MY SPINE IN 5 DIFFERANT PLACES IN 2003i also have uncontrollable high blood pressure, taking 3 different blood pressure meds daily.Having heart palpatations now for the last 4 years.also I have a hernia,osteporosis on spine and my left hip.arthritis is a problem too,just adding to more chronis pain I suffer from each day.my mobility has greatly been reduced.I cant stand up long at all and cant walk a far distance.IVE HAD 2 DOCTORS TELL ME TO HANG IT UP AND APPLY FOR SSD BENEFITS. THEY SAID MY CONDITION WILL ONLY GET WORSE THE OLDER I GET AND MAY END UP IN A WHEELCHAIR.MY QUESTION IS WHY HAS MY SSGOVERNMENT DONE ME THIS WAY.I FEEL I DESERVE THAT INSURANCE AFTER 20 SOME YEARS OF PAYING TAXES IN.This is not right or fair to do a man this way.all the DR. REORTS are there.ive also had a daughter to raise when her mommy left bafter my injuries.I had a nice home that I lost plus a truck and a nice car.Iknow theres a lot of fraud out there, but my medical records are all down with respectable doctors.Idont know how much longer I can keep going.Especially with my daughter.She deserves and has deserved so much more over the years.So whats wrong with our socil security administration.Ineed help.Ineed an income.We need clothes,new eye glasses
and many more neccesitysCan someone tell me3 an explanation as to why they’ve done this to me and my child/
Dear Sirs.
I am wondering if my husband’s disability checks can be garnished. He is behind 40,000.He had to go to child support
Office to report it, so he could get his drivers license back which he did. He did get his license also. I still have not gotten anything.
Thanks for your help
Debbie
My Husband Has Been Disabled For Over 2 Yrs. unable 2 Work So unable 2 Psy Child Support. He was Granted Disabily, his Kids Are recieving Monthly Checks. In State Of , will they seize Back Disabily Checkn
My husband and I are legally seperated and he recieves social security benefits, which my son recieves a check as a result of that. I have sole physical custody of my son which I just found out that I should receive the checks as respresentative payee and will begin receiving the money for my son next month. My husband recieved retroactive back pay for my son back to the date he filed. Will he have to pay that money back or will I be given the back pay for my son since he is and has been in my custody all the while?
Child support is stopping my passport but they are taking money out of my ssi every month my wife to be is German
I paid my child support and never late from 1991 to 1997. Then I had a work injury and was one year behind. My worker’s compensation paid it up in 1998. Was told by child support there was an active IV-D case from 1999-2002 but was closed in 2002 with no arrears. Then to my knowledge, my daughter got SSDI dependence benefits from 1999-2008, until she turned 18 and graduated from college. In March of 2013 I ended up in court as my ex hired an attorney claiming I owed her child support between 1999-2002 since she did not apply for the SSDI benefits until 2002. I did not know this as SSA does not give the non-custodial parent a print-out of the benefits paid to their children. I never got any notice from my ex I owed her anything, nor did I get any notice from Child Support I had arrears. In fact before the trial I went there and they kept telling me I owe nothing. I waited 2 months after the trial to know what was going to happen as the judge did not know how to rule right away. My ex wanted me to be held in contempt and arrested, and for me to pay her attorney fees. The judge ended up ruling that since she waited to apply for the SSDI dependency benefits, that I owe her from 1998-2001, and that amount was $10,500.00. Plus he said I owe 9% interest since 1998. I will owe over $32,000. He said that the $26,000 she received over the court order between 2002 and 2008 is a gift to my daughter. I don’t understand why first I had to “wait” 15 years to be told that I was in arrears in 1998-2001, and second that the $26,000 overpaid from SSDI dependency benefits only $341.00 a month was counted toward my payments and the $300 plus overpayment doesn’t even count toward the interest building since 1998. It is hard to swallow that my ex claimed she waited all these years to come after me because she wanted the interest to add up so I end up paying her forever. Had I known how SSDI dependency benefits were applied in IL, or if I had known my ex waited to file for the SSDI dependency benefits for 4 years, I would have certainly made arrangements to pay. Why would I want to let all this interest build up and second the SSDI dependency benefits if she had applied timely, would have counted toward my child support, it was larger than the child support ordered. I live in WI and my ex still lives in IL. She now wants to take 65% of my SSDI. My wife of 20 years is now also disabled and together we need both of our SSDI benefits to support ourselves. My ex claims she now lost her job and has over $750.00 a month in credit card payments and they are now all in collection. She claims she had to support our 24 year old daughter who is now in college, pay her $300 a month cell phone bill, and pay my ex-mother in-law rent. My ex is remarried and I don’t know why she doesn’t live with her husband since 2001. My ex had been divorced when I met her and had a child from that marriage. He never paid her child support and in court she said she never “went after” him because he couldn’t hold down a job. I go to court again on November 13, 2013 for the judge to “strike” the order. I talked to attorneys before I went to trial and they wanted $10,000 retainer for the trial, which I could not afford. Now I called one to talk about appealing the judge’s decision (he based it on the trial of Henry vs. Henry in IL,) but that case was much different than mine. In that case Henry was behind in child support before he started getting SSDI benefits but I was already on SSDI, my ex just never applied right away. I had no contact with my ex since 1993 and never saw my daughter since 1991, when she was 1 1/2. I saw her for the first time in court in March of 2013, she is now 24 years old. I understand that child support is important to take care of your child but I don’t get how an ex can wait 15 years to claim arrears and contempt on my part when I never knew. The judge ruled I was not in contempt because I did not know I was in arrears all those years and he did say my ex got a “windfall” of sorts. Her attorney wanted all our joint checking account numbers but we don’t have any checking accounts as our SSDI is in a credit card. We have a home loan but only my wife is on the deed. My wife is the one who was working when we obtained the home loan. My ex’s attorney states that the home is still half mine and my ex has claim to it. We have a first and second mortgage on it and there is not much equity. I feel as though I am better off dead than alive. I was only with my ex a year and a half in that marriage. In that time I lost 2 homes, my savings of $50,000 and got stuck with thousands of dollars of credit card debt. I worked through all that years ago but now I am stuck with paying her the rest of my life, I would rather be dead.
Anybody who could please provide any info would be greatly appreciated, 54 yr old male recently filed for ssdi, however being self employed so many years not paying self employment ss taxes they say I don’t have enough credits for ssdi but they will still qualify my disability based on ssi, further, I have a ex-spouce who has since passed away at only 43 years old in 2008, They informed me I am also eligible for DWB divorce widow benefits as she had qualifying income. My Questions are can anybody estimate approximately how they will calculate between my ssi and her DWB the amount I should or could expect to receive? I have searched and searched trying to get idea what my total potential month;y benefit will be and can;t find that info. Also I know ssdi you can get back payments awarded, but what about ssi or DWB will I get any back payment? My established date for disability goes back to 2007/08 so well enough back dated for any wait periods etc. PLEASE email me or post if you can help answer how much I should possibly get monthly and if any back payment possible. Thanks so much, PS.. I also find out we had taxes owed from 2006 divorce, I read IRS child support etc could garnish SSDI, However, CAN THEY garnish SSI or DWB?
I was wondering since my ex boyfriend receives ssi disability income and we are expecting a child that will be born in march. Will his disability income be garnished to pay for child support? He has be on disability for over 10 years and this is his first child and I just wanted to know if his disability will be garnished for child support.
Hi.Jonathan I just owe arrears of 4,000 will that take the money out of my back pay or will they garish my monthly check. I just got approve for SSDI. No childsupport.just the arrears.
I have a 5 year old daughter who receives SSI benefits. She was approved for SSI benefits in early 2011. At the time of approve I was working part and was not receiving any child support. I reported all my income as usual at the end of the month. I started receiving child support August 2011. I was never aware that I had to report that income as well until i received a re-evaluation over the phone early 2013. The person asked if i received child support and i replied yes for about a year and a half at that point. I had nothing to hide and I didn’t know that it affected her SSI payments. Two weeks later I received a letter from the SS office stating that there was an over payment of about $6000 due the the child support payment since August of 2011. Since I do not have that money to pay back they withhold 10% of the max SSI a person can receive from her SSI payment (ie. $71(2013) $72(2014)). I just received another calculation of overpayment from SSI in the amount of an additional $3000 July 2013to present. My question is : If child support is collected thru the child support enforcement (government system) and ssi is distributed from government system why would it take so long for this over payment to be recognized? How can I fight against this if i give the information they require on my end?
I owe a large amount of child support (ransom). I had my license suspended, my bank accounts seized, my passport revoked. I then had 2 strokes back to back…making me eligible for SSDI. I ran the numbers, I would earn more from SSI than I would from SSDI after Medicare and child support was deducted. I decided to wait the two years necessary (thank god for an understanding live-in who supported me during this time) to drop eligibility for SSDI and go solely for the SSI……and then applied. I got my SSI within 3 months of the application. My health benefits are better under Medicaid than they ever would be under Medicare. Further, I receive a host of benefits (HEAP, food stamps, ect) that I likely would NEVER have received if I drew upon SSDI. All in all, I am now doing far better on SSI than I ever would have under SSDI..especially considering even paying a portion of the arrears (ransom) for the remainder of my life would not restore my driver’s license, bank accounts, or passport. Now all three….. given that I have fallen below my state’s “self-support reserve’ and the fact that SSI is federally-protected income…my license, passport, and bank accounts have all been reinstated….and I don’t pay a penny to the kidnappers…and never will. And I cannot be criminally prosecuted for refusal to pay child support…EVER. And in 5 more years, the statue of limitations in my state (20 years) pertaining to child support….expire.
And that’s not even counting certain…ahem…supplements I might make to my income…or not. 🙂
Moral of the story : Game the system the same way you are gamed in the family court system.
I realize this article is old..BUT SSI benefits CAN BE GARNISHED for Back Child support, and it doesn’t have to be applied for by the kids..the ex can receive the back support
can grandparents that have full custody of 3 small children be entitled to social security of moms disability check?
Can a judge credit disability payments a adult child receives as child support from the non-custodial parent? We live in Florida and my ex, who makes millions, pays nothing for disabled adult daughters support or medical. I had not worked for 15 years but had very bad legal representation and they could not prove his actual income because he hid income from privately held business but he refused to pay child support for there years during divorce, then took early retirement. Both judge and ssi turned daughters ssdi into retirement be fits and counted it as ex’s child support. Is that legal in Florida?
I just recently got SSI and I am behind in child support..do I still have to pay child support or do they stop it??? I heard in Indiana if you get SSI you don’t have to pay no more child support
you know what I find funny and its coming from a SINGLE women that has 4 kids .if you women expected to have all these children and yes this was YOUR CHOICE you could of given up the baby to rich adoptable families period ..also you knew what kind of man you were sleeping with and as a women YOU CHOSE NOT TO USE BIRTH CONTROL .if you were responsible women you would of made sure you didn’t have these children by not getting pregnant and then trying to pawn off all the debt on the man I am sorry but if you couldn’t afford the kids then don’t freaking have them I have never collected a dime in support from my children’s father and yes they all have the same dad what was more important to me and the kids was him stay in there life and be around you women make it where the fathers of these poor kids don’t want to come around or even be part of there life because its ALL about the dollar bill you are so worried about that money that your children’s happiness does NOT mean anything to you did any of you ever think by letting him be part of there life that there father would want there children to have food , clothes, and a shelter over there head ?by pushing all there dads away you as a mother are the cause of all these dysfunctional children you are creating hate and violence with your children and don’t even realize it .should of thought of the money while you were getting knocked up and I don’t want to hear its the mans duty to protect him self you as a women have a right to protect your self and body and your one mistake or few that you had has made you suffer or the child because you CAN NOT SUPPORT THEM then you should of gave them to someone who could .STOP BLAMMING EVERYONE ELSE AND POINT THAT FINGER AT YOUR SELF .I work 2 jobs to support my kids never collected a days welfare or food stamps and by the way have NEVER went after my ex for any payment he watches our children when I work but our children are good kids make the honor roll and have both of us to rely on because the happiness and stability with our children was and always will be PRIORITY with our children .you people on here need to get off your butts and support your children you decided to have. quit relying on state , government and fathers to do it you can see how far that has got you ..
@michell I am a mother of 4 as well and YOU ARE SO RIGHT. I am glad someone other than myself can see that a mother made the choice to sleep with this man without protection ( and in some cases set out to purposely trap a man) and then decided to keep the baby versus adoption. Knowing you can not afford to raise this child alone. Because sometimes that maybe the case. Thank you….I am currently trying to change laws for fathers who are left with nothing to live on and the custodial parent as her income and her new husbands income and half of the non custodial parents income and the father left with $600.00 a month to try and live. I AM A MOTHER ALL FOR FATHERS RIGHTS….glad to see someone else can see this is unfair.
Hi Johnathon. My stepdaughter is 9 years old and her mother receives ssi for her. My question is this? Is my husband obligated to paying the full amount of his court order? Can he requested a decrease? We live in the state of Pennsylvania. . He has pays his court order as he should. The child’s mother makes $22.00 hr. My husband is self employed as a career barbar.
I don’t understand how so many judges can ignore the income rules, and asses higher incomes on disable people than the disable person is receiving? is there other victims of this that can file class action lawsuits against these judges. I have been disabled sense may of 2012. my x took me back to modify support march 2013. im still waiting for my SSI application and have been living on food stamps, tanif or general releif. I receive In home services because i cant perform activities of daily life. my new child support should have been set to 50.00 per month the Colorado minimum. but in may of 2014 the judge refused my disabilities
and asserted that i could potentially make over 5,000 pr month and set my new child support at 768.00 pr month retroactive back to may of 2013. making my now liable for back support.
i cant pay for legal services on an cash assistance of 198.00 pr month. is’t their anything that be done about these court decisions?
look my x has never done right about visits we have joint custody she has school believing I have no rights I tried to give them court order and damn near got arrested she took my sister mom and dad and me off a day care list for emergency pick up reason . and he was 1yr old hes 14 now cant go to his football games etc but she still wants money but refuses to let him visit courts is always on her side I just received 180 days in jail 7500. added to cs and I am disabled waiting for social security benefit answer.
and she actually owes me money for me overpaying for 12 years .she has done not only me wrong but our son I say if she wont comply with court order with nothing I can do about it then why the hell cant I , but that’s hasent been the only now
My kids’ mom is handicapped physically. She walks but can not lift much. She receives ssi and does not pay me any child support for either of our children, based on her claim of disability. But now she wants to take me to court to take the kids, but I don’t know how she would be able to since our oldest is 19 and wheelchair bound and weighs 110lbs. She is a lot of work, it wears me out and im a healthy 44 yr old man. But I say if she can then she can work and help pay for our daughters, just like every other parent should. What do you think?
John, this is a situation where it would really help if you had a lawyer advocating on your behalf. Child custody and support issues can get complicated and adversarial and you don’t want to go to court on your own.
John, sounds very bad for you if she gains custody in court against you. is she motions the court trying to get custody, I recommend you get the best attorney you can afford and fight like your life depends on it.
I dont know you and your wifes story, but this could mean financial, emotional and mental ruin for you.
good luck and my heart goes out to you.
Here is my information:
Live in FL
*Divorced Aug 2012
*I get 2000 on social security disability
*an additional 1200 is allocated for my kids. this check goes to my ex wife (although I get the kids 50 percent of the time- was the judgment- i did not appeal it unfortunately- too late).
*The kids are 12 and almost 15 now
*I have a new child expected to arrive in May of this year with a new woman, my fiance. So will be now three total children and still the total of 1200 will remain.
*The judgment says the whole check goes to the ex wife- all 1200. It also says the word excess in it. Where there is a calculation of lets say 700 for the two children based on what we make income wise (child support calculation). So a 500 dollar excess paid to the mother.
*The childrens money comes in a payment made out to each kid. About $600 each.
QUESTIONS ARE:
1)What do i do once the new child is born? I call social security and let them know he/she is born and should be added to the social security disability?
2)Although the judgment states the whole check goes to the mother, can i collect some of the 1200 for the new child and reduce the amount my ex wife is getting?
3)What happens once the 15 year old falls off at 18 years old considering all i have stated above?
Thanks in advance for the help.
I hear a lot of women screaming deadbeat this and I want his money. Just remember you had the opportunity to not make a child too. It is just common place to hold the man responsible these days when it took two to create the child in the first place. I do believe in the child should be taken care of but also believe that women have the same amount of responsibility in the issue as well so since you chose to have the child you should also take care of the child regardless if you get support or not.
well lets see??? I make a little over $1000.oo a month.. the wife want $750.oo a mounth. yes im on ssdi..but still how can I live on $250.oo ?? I have bills and rent..”food” I was paying her $200.oo a month.(on the side) just an agreement between us. if she got to keep the child she would not ask the courts to sue me for child support.. well I guess some one forgot the deal…. the thing about it was it started out as 200 amounth… the then it went up to 300 a mounth..then it went to 500 a mounth. it finaly hit the fan when she started to ask for 650 amount. cuss she lot her ssi benefits..( she worked in up state ny ) and had no income coming in (she had the kids ssi checks coming in 650.oo for the girl ..and 675 for the boy. that’s over 1250.oo a mounth..oh plus hers was 975.00 a mounth..that’s over 2200.oo a month coing in.(oh by the way. she never lost here check coming in) she was lieing about this.(like always) so lets see???? if I end up haven to pay her this money… (which would end up being $2950.oo ) how the hell am I suppose to live on 250.oo amonth ???
Here is my story, I have 2 wonderful, beutiful, and smart children 5, and 6. My 6 year old has a genetic disorder called Tubourous sclerosis.. Causes seizures, learning problems, speech, and autistic behavior. I found this out when he was 3…He is on SSI…I am his mother/payee..Its been really hard to do this as a single parent..I worked a few great jobs but without help My 6 year old had unprecticable seizures that would cause me to miss work, or have to leave on a moments notice, and I wind up loosing my job, sadly just about every work place FMLA requires you to work one year, that law should change to getting it on the first week if ya have a special circumstance. I would name it Andrews law after him. Well wondering about the father? 6 years ago I broke up with him he was a acholic and he became abusive while I was pregnant with his daughter. I always want the best for my kids and I quickly removed them from the environment. Their father lost his job 5 years ago and my child support payments stopped… I turned to welfare, and the same time he signed up on disability. His child support grew and grew…Luckly I was able to put my self through college and graduate all in part of someone I met in school and we been together 3 years one son 2..He helped support me and 2 kids not his…He is like their dad now, as for the biological father after being absent/MIA for 2.5 years just pops out of nowhere several months ago bragging about he finally got his SSD/SSI….Now his arrears are at 15500…Time was more valuable to my 5, and 6 year old….Yes thier benefits just started, after turning award letters in, lots of questions……Are these 2 kids entilted to a percentage of his arrears, and how much? Thanks and God bless.
I went to my local SS office and Child support office several times over the last 15 years in regards to getting child support for my son. I was told by Child Support that they cannot involve themselves with Social Security matters and that I could not collect if he received those benefits. I went to Social Security and was told he didn’t receive enough work credits for my son to receive a child benefit check and that I was not entitled to child support due to him being on disability. I would have to pay for an attorney and pursue the case myself and she didn’t recommend it because I wouldn’t get it.
Angela, I would not assume that the information you are getting from Social Security or from the child support offices is totally accurate. This is a situation where it makes sense to at least talk to a child support lawyer about your rights.
I want to know if anyone knows about this. I was disabled in a automobile accident in 2010. I recieve SSD, my son recieved SSI until he was 18 and child support from his father. He is disabled and has been since birth. His father ended child support when he turned 18. There is a legislature law that states if child is disabled child support will continue past 18, this was not the case for my son. He is trying to budget 120 dollars a month to lilve on. My husband and I provide him a apartment downstairs of our home, because he is not self sufficient andprobable never will be. I am at a loss of how to help him gain some sort of quality of life. Our income is not the highest, and my current husband pays child support for his daughter/ my step daughter. No problem, because she needs taken care of. If my son was disabled before he was 18 why would they not continue the support past his 18th birthday?
I owe $10,000+ in back child support and am on SSI for “Adult Onset Stills Disease” which is like “juvenile RA” but worse, and have been to court over my son in Texas while I live 3 hours away in Louisiana. I pay $50 monthly to her and she hasn’t and will never let me take him with me to Louisiana once. Every time I ask it’s, “maybe when he gets older” or she wants to pull the “maybe when he gets to know you better” etc… Well see she disappeared on me when she was 2 to 3 months pregnant because we broke up and i started having my health issues all of a sudden…it was CHAOS. I was a very athletic and fit 18 years old, who outta the blue could barely walk bc of the swelling in my feet/ankles and my hands look like a 80 year old man’s.! No joke!!! Then one day she contacts me when my son was 10 months old…And I was ecstatic and excited. He’s about to be 8 now and I still can’t even think about trynna take him to Louisiana to my home where he has his whole other Family he has never gotten to meet. Me and my mother got fed up with her games. Ignoring us until she needs money. I haven’t seen him in about 3 years due to the struggles and emotional abuse she puts me and my son through. So I did what I thought was best and stayed away. She’s had 2 more kids now with 2 other men, he calls his stepdad, DAD. So i just let him be happy, at least he has a father figure in his life and that is how i coped and dealt with it. But she should not be able to get away with using him as a tool for her own benefit. It’s wrong to do me, my parents, and ESPECIALLY her own son. I really want this arrearage expunged from my credit score and debt, because she’s not ever going to comply with the law. She’s just absolutely money hungry. My mom and dad both once in a blue moon receive texts from her, pics, lists of stuff she needs which is an emotional ride of weird feelings. Just to be asked for money and treated like a dust in the wind. I have legal rights to my son, and for some reason I haven’t gotten the privilege of REALLY knowing my own son….. what to do???? I’m at a point to where I’m numb from the whole subject, and I don’t wanna be…
I just recently awarded SSDI since I owed child support they already started to deduct $320 form my monthly benefit of $1300 accordingly to SSA my 2 youngest kids are entitled to dependents benefits as well.Now my question does child support affect the amount they get from my SSDI or viceversa? I was told that child support will take the $320 they are taking from my check from their pay that don’t make any sense to me.Also I still waiting on mu back pay will child support take money from that too if so will they take the lump sum or just a percentage?
I am bothered. I gave my kids to their father after our divorce in 2009. My son gets SSI for cerebral palsy. My divorce decree states that my ex gets to make medical decisions in the event that we can’t agree, which is most of the time because he won’t cooperate. My ex gets the SSI check, even during summer months while my son is with me. I can’t even have it so that I can get my son into the therapies he needs while he is with me…court ordered. I had it transferred once before and had to pay it back to my ex! This can’t be legal! What can I do? There are 2 months out of the year where that money is used solely for my ex’s benefit and not my son’s and the family law courts don’t seem to care