CA-I have terminal cancer & limited time to live:
will the child support interrupt capture my whole Lump of SSDI Back Pay, or will it be governed /dictated by the (%) set by the intercept CS/FTB agency
in other words if arrears is = to ALL my back pay amount-
WILL I RECEIVE ANY OF IT ? OR ALL - MINUSTHE SET (%) DEDUCTION AMOUNT from intercept (WHICH IS ABOVE THE COURT ORDERED AMOUNT ANYWAY)
(P L E A S E HELP ME TO KNOW WHAT TO EXPECT / OR WHAT I CAN DO…)
Last edited by Soul_Survivor; 08-14-2010 at 06:51 PM.
Additionally there is NO standing order for collection or payment on arrears, Only the current amount per month order (Although CS/FTB HAVE Levied my accounts capture all to my name a whopping $1.08, & another for $40 all i had to eat /"live" onwhen I was on unemployment the order to deduct was 18% which paid above the monthly order & very little toward arrears
(Again even though theres no standing order for arrears)
I tried to understand what it is your typing and this is basically what I got out of it.
You are terminally ill and have a lump sum SSDI payment coming.
You owe back child support
They have already taken money from your bank account in the amount of 40 dollar and $1.08.
There was a court order to seize 18% of your unemployment money going into your account but that was a while back and your not sure if that still applies?
I'm NOT an expert but from I just read it seems to me that we don't have all the facts and heres why. I don't know if your 18% order is still on file at your bank and if they will enforce it. I don't know if the child services office even knows about the back pay your fixing to receive.
I can tell you this: If they don't know, then you might be able to put it into your bank account and get away with it. On the other hand the bank may seize 18% of it from the previous order they may still have on file. If they only seize 18% then thats not too bad. However it will definantly alert the authorities that you just received a lump sum and they will act quickly to seize all of what they are owed.
Now, that being said, some lawyers pay you your SSI back pay directly from their office via a check after they have taken their cut. If this is the case you might can just take your check to a new bank and open a new account and get around the 18% seizure.
PLEASE NOTE: This is ALL speculation on my part as I don't have all the facts. I will say this and I really hate to but I think it must be said. I'm really sorry your going to die but we all must face that in the end. If you really owe that much in child support maybe you should think of actually paying it to them so your kids can have a better life. After all, if you really don't have long to live like you say then what do you really want it for. At least leave this world knowing you left your kids something.
Don't die and let them think for the rest of their lives that you didnt lift a finger to help them.
This is all just my personal opinion and I don't know your situation except what you typed. I believe in God though and I think he will judge you in your final hour and maybe you doing the right thing with that money might make him look at you in a different light.
I'll say a prayer for you either way
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