• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

child support and father's ???disability????

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

flute

Junior Member
What is the name of your state? Massachusetts

As the custodial parent, my daughter's father didn't want to contribute to her college education. After bringing him to court and forcing him to contribute the father then went on disability and has failed to pay the agreed upon support. I have called social secuirty to inquire but they have indicated that they are not responsible - as they don't have information regarding the court agreement, nor would be tell them of this obligation.
I know that the father received a large retroactive check and could easily pay for the required college tuition.

What measures can I take with social security - to inform them of the court agreement.
In my last phone call to them-- they were less than responsive to my questions.

Flute
 


BL

Senior Member
What is the name of your state? Massachusetts

As the custodial parent, my daughter's father didn't want to contribute to her college education. After bringing him to court and forcing him to contribute the father then went on disability and has failed to pay the agreed upon support. I have called social secuirty to inquire but they have indicated that they are not responsible - as they don't have information regarding the court agreement, nor would be tell them of this obligation.
I know that the father received a large retroactive check and could easily pay for the required college tuition.

What measures can I take with social security - to inform them of the court agreement.
In my last phone call to them-- they were less than responsive to my questions.

Flute
Keep in mind Dad could file for a modification due to his disability .

If he receives SSDI ( benifits from work history ) , get a certified copy of the court agreement / order and take it to your local SSA branch , see what happens .

Can Social Security benefits be garnished to pay a debt? Answer
Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:
Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations; Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be garnished to collect unpaid Federal taxes;
Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.
The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act only as long as they are identifiable as Social Security benefits. This applies to money in a bank account where the only payments into the account are from direct deposit of Social Security benefits.
NOTE: Supplemental Security Income payments cannot be levied or garnished.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top