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Child support arrears and SSDI

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cnickel13

Junior Member
What is the name of your state (only U.S. law)? PA

My son was diagnosed with PSTD over a year ago and has been unable to work. His support order is for 1 child PLUS a mortgage modification (wife won't sign divorce papers). His order is for $1244.07 a month! Over the past 12 months his arrears have mounted! He just received notice that he has been approved for SSDI, but won't know just how much he will receive until the Local Social Security office contacts him. Will the courts be able to garnish his SSDI for the arrears? County judge tried to put him in jail for contempt in June, but I paid $2500 to DRO and they didn't jail him. He has another contempt hearing in August.
 


BL

Senior Member
What is the name of your state (only U.S. law)? PA

My son was diagnosed with PSTD over a year ago and has been unable to work. His support order is for 1 child PLUS a mortgage modification (wife won't sign divorce papers). His order is for $1244.07 a month! Over the past 12 months his arrears have mounted! He just received notice that he has been approved for SSDI, but won't know just how much he will receive until the Local Social Security office contacts him. Will the courts be able to garnish his SSDI for the arrears? County judge tried to put him in jail for contempt in June, but I paid $2500 to DRO and they didn't jail him. He has another contempt hearing in August.
He needs to file a Modification Petition Immediately .

Even without the amounts yet .

This will allow any modifications from the date of filing , even if the hearing is rescheduled to when he has the amounts .

The children will be eligible for benefits on his disability ( it won't come out of his amount ). Those benefits should be applied toward CS , and often replaces Child support payments .

Usually the CP would apply , but he can make sure SSA has the information .

Arrears will not go away , and yes his SSDI could be garnished for them .

I couldn't tell you if the court will do anything about mortgage payments or not .
 

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