Can I collect 50K of back child support through SS?

[destinian]

What is the name of your state? I live in the state of Florida with my son, but the court order for child support is in Texas where the noncustodial parent also lives. The court order does not carry through college..only when my son finishes high school which will be in June 2005. My son turned 18 in November, 2004.
The noncustodial parent is approximately $50,000 in arrears. He was in a car wreck in December of 2003 which almost killed him, so he has been approved for Social Security Disability and has been receiving it since September of 2004. They started pulling out child support from his Social Security checks to start paying child support. $439.00 total. $250 child support and $189 applied to back child support. I have received 3 checks so far.
My question would be: Is there any way to collect the lump sum of the back child support through Social Security? If not, can we continue to collect child support monthly until the $50k is paid off...regardless of whether my son graduates from high school or goes to college? We have gone 13 years without child support, and when we finally start getting checks, the government says they may stop payment if my son does not go to school. Why should it matter what my son does for back child support payments? It even states in the courts that the money is owed. Can someone help me?
Thanks for your time

 

[Ambr]

When the child graduates HS - as outlined in the CS order - and when the NCP petitions to stop the CS. Then he will no longer be responsible for current (now) support. BUT he is still responsible for the arrearages.

The state should continue to the garnishment until the arrearage is paid in full. which at 500 a month --- will be a while.

 

[stealth2]

Have you filed against him for contempt. At all?

 

[destinian]

Thanks so much for the quick reply! Well, I received a call from the child support office stating that they could collect payment for arrears from Social Security as long as the child was in school. What do I need to do to collect should they try to stop payment?
Can I hire a lawyer and collect the lump sum? I'm not sure I understand the filing contempt. All of his payments are paid through the courts, so it is all on record when he does not pay. Am I right?
Has there been cases where back child support was paid in full from Social Security since the noncustodial parent that's receiving the benefits owes the debt? I had heard where Social Security clears the debt of the person receiving the benefits. Is this not true? Thanks again for your help

 

[destinian]

Thanks so much for the quick reply! Well, I received a call from the child support office stating that they could collect payment for arrears from Social Security as long as the child was in school. What do I need to do to collect should they try to stop payment?
Can I hire a lawyer and collect the lump sum? I'm not sure I understand the filing contempt. All of his payments are paid through the courts, so it is all on record when he does not pay. Am I right?
Has there been cases where back child support was paid in full from Social Security since the noncustodial parent that's receiving the benefits owes the debt? I had heard where Social Security clears the debt of the person receiving the benefits. Is this not true? Thanks again for your help

 

[AnswerMeNOW]

Wow!!

I can't believe it.

Why, OP, are you being such an insensitive BITCH??!

Do you think your ex asked to be in an accident that almost killed him -- and caused him inability to work?

Why do YOU feel the need you need $50,000 RIGHT NOW?! Why in the hell would you even want to do that to someone? Don't you think that if he could work, he would??

I can't believe what an insensitive woman you are! $50,000 lump payment? You've got to be kidding me. Let's turn the tables. How would you feel if you were in this situation and wanted that paid in lump sum???

You're now getting your money! And you will continue to get it until it is current. Now, Go on eBay and put a bid in for a heart!

 

[LdiJ]

I can't believe it.

Why, OP, are you being such an insensitive BITCH??!

Do you think your ex asked to be in an accident that almost killed him -- and caused him inability to work?

Why do YOU feel the need you need $50,000 RIGHT NOW?! Why in the hell would you even want to do that to someone? Don't you think that if he could work, he would??

I can't believe what an insensitive woman you are! $50,000 lump payment? You've got to be kidding me. Let's turn the tables. How would you feel if you were in this situation and wanted that paid in lump sum???

You're now getting your money! And you will continue to get it until it is current. Now, Go on eBay and put a bid in for a heart!

The child support agency has told her that if the child doesn't continue on in school that they cannot keep guarnishing from his social security....therefore it WON'T keep getting paid once her child finishes school.....I believe THAT is her main concern.

And to answer her question....no, you can't get a lump sum from Social Security, and I doubt that he has any other significant assets from which to take a lump sum.

 

[destinian]

Thank GOD someone intelligent answered my email. I was beginning to wonder with the "AnswerMeNOW" freak on here. It's people like you that sit on your judgemental stool and throw false accusations (when you don't even know the full story) that make this world so cynical. And everything you said in your email is WRONG. For the record,

A. YES, he asked for the wreck. He was drunk and ran into a tree.

B. NO, he doesn't want to work....he's 50K in arrears, idiot! That's a huge sign that the guy doesn't work!

C. There is no need to turn the tables because I would NEVER put myself in that predicament and never have!

Now, why don't you go on Ebay and bid for a brain!?!?

Thanks so much for the other messages. I have been informed by child support that we will be able to collect arrears monthly until the debt is paid.

 

[nextwife]

And the reason you cannot get a lump sum is that he is only entitled to payment for each month he qualifies. If he died a year from now, his SS benefits cease, thus he would only have been entitled to the next year's worth of benefits. In any event, one cannot "pre-collect" SS benefits.

 

[Phnx02]

I can't believe it.

Why, OP, are you being such an insensitive BITCH??!

Do you think your ex asked to be in an accident that almost killed him -- and caused him inability to work?

Why do YOU feel the need you need $50,000 RIGHT NOW?! Why in the hell would you even want to do that to someone? Don't you think that if he could work, he would??

I can't believe what an insensitive woman you are! $50,000 lump payment? You've got to be kidding me. Let's turn the tables. How would you feel if you were in this situation and wanted that paid in lump sum???

You're now getting your money! And you will continue to get it until it is current. Now, Go on eBay and put a bid in for a heart!

Give the woman a break! She's gone 13 years without any support from a deadbeat ex and is only thinking "Wow!.....now that he has a traceable (and quite possibly steady) income, can I FINALLY get all that money he owes me?"

You are rightfully owed this money and he's indebted for this until paid in full.....whether or not the child reaches emancipation. But unfortunately, you cannot collect in one lump sum from SS. His reciept of the disability money is on a monthly basis and they will only garnish CS monthly as well. If he's able to return to work in a year, then SS no longer pays him or you. Quite possibly the state collection office said they can only continue to collect the arrears if the child is in school, because once the child turns 18 or 19, they are no longer legally responsbile to collect on your behalf. If this happens, you will need to continue the collection effort by filing for a judgement. This ensures the courts recognize he's still responsible for this debt until paid in full and you have the court order(law) to back you up.

 

[AnswerMeNOW]

my apologies...

...to the OP...from your questioning, it seemed to me that you wanted all of the money upfront.

And yes, I agree with you about his accident since he drove drunk. Dumba**. Lucky for everyone ELSE driving on the roads he was that he didn't kill or injure an innocent driver or pedestrian.

 

[SueBee1062]

Future Social Security

California.

My ex husband has an active lifestyle set up around evading paying child support and his new career is being an intangible ghost so I don't know where he lives, his phone number, and his employer (if he even works) is "under the table." He puts in many overtime hours making sure his name isn't on anyone's payroll, any landlord's lease, or any phone company's billing statement.

He began this new lifestyle and career in June 2003, the effective date of my child support order, set at $708/month. The cad is a talented carpenter and is capable of making $4,000-6,000 per month, he proved this during our marriage.

Since his semi-wealthy parents are so disgusted with him (have been for years), burned out on him and his "problems", and sick of having everything thrown back at them, I'm pretty sure they've blacklisted him as an heir in their will.

So, my only hope of ever collecting any of the $15,000 (and that's just the amount owed to date) money from this jerk just may be social security benefits when the deadbeat turns 65 (imagine what the total arrearage will be then).

Will Social Security cut me a percentage of his ss benefits for all the arrearages he most likely will still owe me when he turns 65. He's 45 now.

Our son will be 29 when he turns 65, but if I do receive a cut from his ss benefits in the future, my son will find a use for it I'm quite sure.

Short of the contempt order I'm filing right now, I don't plan on seeing much more than a jail sentence in the future for this creep. I certainly do not plan any anticipated child support windfalls into my monthly household budget. But one can hope.

 

[SueBee1062]

Reasons for not filing contempt order

Other reasons people don't immediately file contempt orders for back child support: 1. The deadbeat doesn't have an address or phone number (mooches off friends by living with them and using their phone number)
2. Won't tell family where he lives either.
3. Works under-the-table to evade payroll, i.e. wage assignment

Contempt orders must be personally served. Serving papers to a ghost is like chasing shadows...very difficult.

 

[AnswerMeNOW]

Correction!

mooches off friends by living with them and using their phone number)

WRONG! Just because someone doesn't have a new address or phone number on file doesn't mean they're mooching off of someone.

Your bitterness/bias is clouding your ability to see facts.

So what if someone is working under-the-table? You know how many people in this country do? I do! Are you jealous because you aren't?

 

[nextwife]

Will Social Security cut me a percentage of his ss benefits for all the arrearages he most likely will still owe me when he turns 65. He's 45 now.

Our son will be 29 when he turns 65, but if I do receive a cut from his ss benefits in the future, my son will find a use for it I'm quite sure.

WE already explained that SS will not pay a lump sum against future benefits, because those payments are ONLY due from SS security on a monthly basis. One is NOT "guarantied" that benefit. If they die, the benefit ceases. Also, if he is, in fact working on a cash basis and not reporting income, then his SS benefits will be based only upon whatever WAS reported. Many people die before retirement age and never collect retirement SS.

And one is not obligated to start recieving SS at 65, they can wait and get a greater benefit after age 70. So his SS benefits may not even start until "full benefit" age.

AS to inheritance, our parents, even if we are on great terms with them are not obligated to leave us anything. Personally, I hope my mom lives long enough to use and enjoy whatever money she has, rather than save it for me.