arrears and federal policy

[Kelly Burr]

What is the name of your state (only U.S. law)? NV I have just been reading some posts, and noticed something I should ask about...If, under federal law arrears can be paid at 25% of the original CS order, and the child is over 18, how can SSDI be garnished at 65% of what NCP receives? Would that be something he would need to ask about at a modification hearing, or would that be automatic? He is filing a motion to modify due to his disability and inability to work, but at the moment, his SSDI is being garnished for the full amount that he should have been paying, $525.00. Any advice would be appreciated very much. Thank you.

[LdiJ]

Originally Posted by Kelly Burr

What is the name of your state (only U.S. law)? NV I have just been reading some posts, and noticed something I should ask about...If, under federal law arrears can be paid at 25% of the original CS order, and the child is over 18, how can SSDI be garnished at 65% of what NCP receives? Would that be something he would need to ask about at a modification hearing, or would that be automatic? He is filing a motion to modify due to his disability and inability to work, but at the moment, his SSDI is being garnished for the full amount that he should have been paying, $525.00. Any advice would be appreciated very much. Thank you.

Something is off kilter here, because SSDI cannot normally be garnished that high. Even the IRS cannot garnish more than 25% of SSDI. He should definitely be getting a face to face appointment at the local SSA office.

[TheGeekess]

Originally Posted by LdiJ

Something is off kilter here, because SSDI cannot normally be garnished that high. Even the IRS cannot garnish more than 25% of SSDI. He should definitely be getting a face to face appointment at the local SSA office.

I'm sure OP has been given that advice more than once:

[url]http://forum.freeadvice.com/child-support-98/ssdi-back-support-484278.html[/url]
[url]http://forum.freeadvice.com/social-security-disability-ssi-law-70/ssd-back-child-support-484282.html[/url]
[url]http://forum.freeadvice.com/social-security-disability-ssi-law-70/ssdi-ssi-484456.html[/url]
[url]http://forum.freeadvice.com/consumer-bankruptcy-2/new-spouse-his-old-debt-484355.html[/url]
[url]http://forum.freeadvice.com/child-support-98/supportkids-discharge-debt-484792.html[/url]
[url]http://forum.freeadvice.com/social-security-disability-ssi-law-70/employment-ssdi-490985.html[/url]
[url]http://forum.freeadvice.com/child-support-98/will-go-forever-476917.html[/url]
[url]http://forum.freeadvice.com/child-custody-visitation-37/limitations-arrears-463881.html[/url]
[url]http://forum.freeadvice.com/debt-collections-84/farmed-out-child-support-454068.html[/url]
[url]http://forum.freeadvice.com/child-support-98/disabled-only-1-car-453441.html[/url]

[Proserpina]

Originally Posted by TheGeekess

I'm sure OP has been given that advice more than once:

[url]http://forum.freeadvice.com/child-support-98/ssdi-back-support-484278.html[/url]
[url]http://forum.freeadvice.com/social-security-disability-ssi-law-70/ssd-back-child-support-484282.html[/url]
[url]http://forum.freeadvice.com/social-security-disability-ssi-law-70/ssdi-ssi-484456.html[/url]
[url]http://forum.freeadvice.com/consumer-bankruptcy-2/new-spouse-his-old-debt-484355.html[/url]
[url]http://forum.freeadvice.com/child-support-98/supportkids-discharge-debt-484792.html[/url]
[url]http://forum.freeadvice.com/social-security-disability-ssi-law-70/employment-ssdi-490985.html[/url]
[url]http://forum.freeadvice.com/child-support-98/will-go-forever-476917.html[/url]
[url]http://forum.freeadvice.com/child-custody-visitation-37/limitations-arrears-463881.html[/url]
[url]http://forum.freeadvice.com/debt-collections-84/farmed-out-child-support-454068.html[/url]
[url]http://forum.freeadvice.com/child-support-98/disabled-only-1-car-453441.html[/url]

Game, set & match....

[Kelly Burr]

Thanx for your responses....Actually, no one has ever mentioned, that I know of, about the 25% rule. If I had missed it before, I'm sorry. He will be going to the local SSA office today. Thanx again.

[Kelly Burr]

Hubby went to local SSA office and they told him they did not know anything about that federal policy concerning the 25 percent rule. Can anyone tell me where I can print them out to include with his court papers? Thank you

[TinkerBelleLuvr]

Federal Law, in the Consumer Credit Protection Act, (CCPA), 15 USC 1673(b)(2) says:

2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed -

*

(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and
*

(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.

The 25% i believe is for regular consumer debt.

Why hasn't dad modified so that the child's portion would go in lieu of child support? Or are we talking ARREARAGES of a child who has aged out?

[Kelly Burr]

Arrears only and children are in their thirties.