Child support as an asset?

[pa1981]

What is the name of your state? PA

My mother has a credit card that went to collections 2 years ago with a total amount in collections at approx. 900$ (the original card was only for 500$). Her only income for the last 5 years has been SSDI (about 700/month) and child support for my younger sister (about 350/month). She is not re-married.

Today they told her they would settle for around 600$. She told them she would be able to do that in August when she recieved the amount garnished from my father's tax return towards her child support arrears. They then told her that she had just admitted to having an "asset" and would take her to court to have it taken from her. She asked what that asset was (she rents and has no car) and they told her that child support is an asset and that she should get a lawyer because they will be taking her to court, which will force her to pay their attorney fees, interest on the card amount, and the full owed amount which will be garnished from her support.

Is this for real? Can they really take an almost 50 year old disabled woman for her child support when she's more than willing to pay off this card at the end of summer? She's on enough meds for anxiety issues that this isn't helping.

[debtcollector`]

1. It's April. Promises to pay in August on an already past due debt are laughable.
2. Child support is not her asset. It is for the child's benefit.
3. They can take her to court and all those fees and interest can and will be added if and when they do.
4. Neither SSI or child support may be garnished.
5. That doesn't mean they won't take it and hold it for several months until she proves in court that all the money they took came from SSI or child support, but that is a separate issue. It will all be returned (less bank charges, overdraft fees and such).
6. It's only $900. Perhaps you could help your mother out. She is, after all, your mother.

DC

[pa1981]

Originally Posted by debtcollector`

6. It's only $900. Perhaps you could help your mother out. She is, after all, your mother.

This is something I'm going to be doing shortly here...my sister is over 18 so the amount she gets per month is not "current" dues but a "due on arrears" amount if maybe that's what the creditor was latching onto. She doesn't have any other debt that I'm aware of so this is the first time she's really dealt with a call like this (why they didn't get a hold of her in the last 2 years I do not know but she has moved and been in-patient on and off). She did also offer to pay what she could each month and that's when the settlement offer came up. I think she thought she could just be honest with them and pay it off as soon as she's able

Thank you for the help!