Comments on: Can disability benefits be garnished to pay child support?

By: Jonathan Ginsberg

Jonathan Ginsberg — Wed, 04 Jan 2012 15:26:22 +0000

Sharon, every child support obligation begins with an order by a state court judge. When arriving at the amount for a non-custodial parent (NCP) to pay, the state court judge will take into account the earning capacity of the NCP, the earning capacity of the custodial parent, any special needs of the child and other relevant factors. It sounds from your email that your son’s child support obligation was ordered before he became disabled. If so, it appears that his circumstances have changed, so the next step would be to go back in front of the state court judge to ask for a modification based on (1) the change in his earning capacity and (2) his limited source of income, i.e. his SSI. This would also be an opportunity to address the visitation and harassment issues.

By: Sharon Williaams

Sharon Williaams — Wed, 04 Jan 2012 03:08:50 +0000

My son has always paid more than the court ordered child support and is disabled due to Freidrachs Ataxix.
He recently turned over his SSI benifits for his daughter to his x wife to ensure the child support is paid and she has money for the future. This is way more money than she was receiving and now she is throwing a fit for more.There is no way he will evewr be able to work again. He is confined to a wheelchair and needs help for to function on a daily basis.
He barely makes enough to pay his house payment and we as parents take up the rest. He is in heart failure and continues to get worse. There is no cure.
she denies visitation regularly, for what ever reason, and her new husband harasses him regurarly.
He just wants to see his daughter.
There may be dead beat dads out there but he is not one of them!
We need help to see what options are out there to make sure she has money for the future and to make sure her funds are not being used to pay other things for their family which consist of two other children from new marriage.
Can you advise?

By: christina pereza

christina pereza — Wed, 21 Dec 2011 01:26:52 +0000

Okay I have a question regarding the child support and R.S.D.I. benefits. My son’s father gets these benefits and my son gets a small amount out of this now his father refuses to pay child support due to this fact, So now we are having to go to court in regards to this matter. I just need to know that in these last 10 years that man has done nothing for my son, In regards to paying for child support can the judge make him pay child support even though he is on disability

By: michelle stull

michelle stull — Fri, 16 Dec 2011 19:26:47 +0000

i recieve ssdi and ssi and in my paper work it shows where they are taking out child support out of my ssi.they take over half of that and now starting in jan 2012 they are taking another 137.00 and i have one of the two children living with me and have been paying on him for past 2 years. have tried to contact ss office but cant work a comp very well and have no phone to speak of.idk what to do or how to do it. will u please send me an email and direct me of what to do

By: Michelle Jones

Michelle Jones — Mon, 12 Dec 2011 16:34:40 +0000

i reside in fl and have a 10 yr old. the non custodial doesnt pay child support. he is in the arrears $21,000. FL has tried for years to get support but whenever he did work after we werent together it was off the books of course. he hopped states to LA in hopes of escaping child support. he moved in with another woman who, like me, took care of everything, so it was easy to free load. she bought him a motorcycle and he had an accident which now gives him ssdisability. LA realized he was receiving these monies and immediately deducted one months child support payment. since then he had his ssd appointed atty stop anymore payments from being sent to me, although they are still being taken out of his monthly ssd, LA is holding the money because the noncustodial set court for 01-12 trying to say FL didnt notify him properly and isnt responsible for the arrears. so now FL will provide LA all the info showing all the different ways and times we tried to contact and collect. its just a ploy to get out of paying, no one needs to be told theres a good possibility there child might need a meal, clothes and heck how bout a roof over their head. any advice? court will be in LA in 01-12 should i go? i know LA is representing me just wondering what your thoughts are. of course i need help. im a single mom working only part time.

By: Cheryl

Cheryl — Mon, 05 Dec 2011 14:05:32 +0000

If you are a custodial parent in Illinois reveiving back child support from the non-custodial parent’s SSDI, what happens if the non-custodial parent dies? Does any money still owed get paid?

By: Cheryl

Cheryl — Mon, 05 Dec 2011 14:03:30 +0000

@Greg
@Greg from Illinois – Yes, you most definitely can get child support from SSDI payments in Illinois. I am getting back child support from my son’s father’s SSDI & my son is 24 years old. It started in January 2010. I never asked them for it- he was on SSDI for a few years prior to this. They just garnished his payments & started sending it to me (yes, in Illinois). Also – Just wondering if you think a father who doesn’t help support his child & leaves a single mother with barely any income to raise their child with no assistance from him is a monster, too?

By: Anne Carter

Anne Carter — Fri, 02 Dec 2011 20:11:38 +0000

I live in WA state and was recently put on disability through Worker Comp in my state. I pay child support each month for one child. This money was deducted from my checks weekly. Last year I was off on disability for four months and the support was never taken from my check, at that time, and I mailed in what I could…going into arears $2,000 (which I caught up within six months). I was wondering if anyone knows if the laws here have changed mainly because I will be off work for a longer period this time?

By: Leonard Davidson

Leonard Davidson — Tue, 29 Nov 2011 15:42:14 +0000

I’ve recently been made aware through my local child support enforcement office that my ex has recently been approved for ssdi and I should start to recieve some back support and arrears.
It has been over 4 years since recieving any financial child support. I also rec’d a copy letter from my ex’s lawyer where they are going to try and get a hearing to probably prevent or at the very least reduce what it owed in back support.
Our youngest of two will turn 19 this month. I had taking my ex back to court several times and as a result accrued more legal fee’s than my entire divorce/custody trial cost.
Following my divoce and custody battle my ex had her wages garnished and after a year left her job, from that point on, she was able to stay under the radar and has always found a loop hole or hatched a scheme which always favored her.
I am afraid to say I finally see some light at the end of the tunnel.
My question is this, are the benefits garnished until she has satisfied the total amount that she owes? Or do they offer a reduced amount without consulting me or hearing the whole background story?

By: Barb

Barb — Wed, 02 Nov 2011 14:44:24 +0000

I have a 33 year old son on Adult Child Disability ( drawing off of deceased father) . Can child support be garnished off this since it is not on his earnings?