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  1. #1
    paramom is offline Junior Member
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    Collecting arrears from ex's Social Security Disability

    What is the name of your state (only U.S. law)? Kansas

    My ex-husband is in arrears with his child support payments by approximately $9800. He recently informed me that he had been approved for disability through Social Security. I had went through CSE and they had been aggressively trying to collect from him. He told me he is sick and is concerned that they would throw him in jail. He asked me since I would start receiving social security dependent payments for the children if I could cancel CSE. I did this.

    I just recently learned that if I had not cancelled CSE I could have collected the child support that was in arrears from the back pay he would be receiving from his disability payments. I called CSE and asked if they could help collect the funds but I have to do a new application and during that time he would have already received the back pay. I understand that I made a mistake in cancelling CSE but I was wondering if there is another avenue that I can take to collect the arrears from his back pay in a timely manner?
  2. #2
    CourtClerk is offline Senior Member
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    You can attempt to file the paperwork on your own. Hire an attorney.
  3. #3
    BL
    BL is offline Senior Member
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    Go to the SSA Office with your child support orders , CSE readout of arrears , and your/the children's informations .

    Also your children should receive monthly benefits because the father will receive SSDI .

    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 by BL; 12-01-2008 at 10:55 PM.
  4. #4
    LdiJ is online now Senior Member
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    Quote Originally Posted by paramom View Post
    What is the name of your state (only U.S. law)? Kansas

    My ex-husband is in arrears with his child support payments by approximately $9800. He recently informed me that he had been approved for disability through Social Security. I had went through CSE and they had been aggressively trying to collect from him. He told me he is sick and is concerned that they would throw him in jail. He asked me since I would start receiving social security dependent payments for the children if I could cancel CSE. I did this.

    I just recently learned that if I had not cancelled CSE I could have collected the child support that was in arrears from the back pay he would be receiving from his disability payments. I called CSE and asked if they could help collect the funds but I have to do a new application and during that time he would have already received the back pay. I understand that I made a mistake in cancelling CSE but I was wondering if there is another avenue that I can take to collect the arrears from his back pay in a timely manner?
    If you are properly set up as the rep payee for the children, not only will you receive future checks for the children, but you will also receive lump sum back pay for the children as well.

    Make sure that you are properly set up as the children's rep payee. Go down to your local social security office and discuss this with them.
  5. #5
    paramom is offline Junior Member
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    Thank you for the information, I did try to give them the child support order and then the paper from the Kansas Payment Center that shows how much he has paid but they said they had to have an order from CSE which I can't get it in time or from the court. Thanks again for the information and I will contact a lawyer today.

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