Ssi

[frustratedincal]

What is the name of your state?What is the name of your state? California
My husband and I have had custody of his daughter for about 2 years. Her mother has refused to pay child support. She is currently behind about $9,000. She does not work and never has. She file for SSI about 3 years ago based on some kind of hip problem however she was denied because her claim could not be substantiated. A few weeks ago she went on a drunken rage and tried to attack her mother, she had also written a suicide note. They put her on a 72 hour observation at the mental hospital. Someone through mental health helped her finish her appeal with social security and now she has gotten approved and should be recieving about 35 months of back-pay. Somewhere between $20,000-$25,000. Is there ANYTHING we can do to get her to use some of that money to pay her back child support? I realize they can't garnish SSI however if anyone has any suggestions I would appricate it. THANKS!

 

[Phnx02]

What is the name of your state?What is the name of your state? California
My husband and I have had custody of his daughter for about 2 years. Her mother has refused to pay child support. She is currently behind about $9,000. She does not work and never has. She file for SSI about 3 years ago based on some kind of hip problem however she was denied because her claim could not be substantiated. A few weeks ago she went on a drunken rage and tried to attack her mother, she had also written a suicide note. They put her on a 72 hour observation at the mental hospital. Someone through mental health helped her finish her appeal with social security and now she has gotten approved and should be recieving about 35 months of back-pay. Somewhere between $20,000-$25,000. Is there ANYTHING we can do to get her to use some of that money to pay her back child support? I realize they can't garnish SSI however if anyone has any suggestions I would appricate it. THANKS!

It is not uncommon for someone who's entitled to this much SS backpay to receive it in one lump sum. And yes, SS checks can be garnished.....especially if they have a pattern of not paying cs as ordered. If you know for sure this is the case, then you need to file the appropriate docs with SS to intercept the portion of arrears owed you. And garnishment of future payments. Call your local SS office to inquire furthur. They are a government entity just like welfare or the IRS and should be cooperative in directing you in what you need to do.

 

[frustratedincal]

SSI Gives no help

I called SSA and although they wanted to be helpful they said their hands are legally tied. They can not withhold from SSI since it is like a barebones minnumum like welfare, for disabled people. I explained that I did not consider $20,000 barebones. She explained that is how the laws were written though and suggested I try and will her in to paying someother way. Child Support Services has filed contempt charges against the NCP however they act slowly on information we give them on her location, and have been unable to get her served due to her frequent moving. I am afraid we need to act quickly on this because with the NCP's drug/alcohol habit they could burn through this money quick. Any suggestions on how to handle this? Thanks

 

[Gracie3787]

I called SSA and although they wanted to be helpful they said their hands are legally tied. They can not withhold from SSI since it is like a barebones minnumum like welfare, for disabled people. I explained that I did not consider $20,000 barebones. She explained that is how the laws were written though and suggested I try and will her in to paying someother way. Child Support Services has filed contempt charges against the NCP however they act slowly on information we give them on her location, and have been unable to get her served due to her frequent moving. I am afraid we need to act quickly on this because with the NCP's drug/alcohol habit they could burn through this money quick. Any suggestions on how to handle this? Thanks

SSI is welfare, whenever you read or hear about statistics on "welfare or public assistance benefits" those stats include SSI.

As far as I know, ALL forms of welfare/public assistance are always EXEMPT from seizure, garnishment, etc.

You need to check to see what your state's laws are on what constitutes contempt for non payment of CS, because some states require that the CP/ CSE prove that the NCP has the financial ability to pay, and any form of welfare is not counted as income in determining NCP's ability to pay.

I hope that you don't get your hopes up too high, you most likely won't be able to get any of her SSI money. Sorry.