Back child support and disability

[pooh23421]

What is the name of your state?virgina
My ex husband receives disability and is over $60,000 behind in child support.Can they take it out of his disability check each month to send to me?I got a little of it in January birthday nothing more from him.I just want to know if it’s worth my time trying to fight him for the back support or not.

 

[Taxing Matters]

What is the name of your state?virgina
My ex husband receives disability and is over $60,000 behind in child support.Can they take it out of his disability check each month to send to me?

The type of benefit he is getting matters. If it is Social Security disability payments then those payments can be attached to collect the child support owed.

 

[LdiJ]

What is the name of your state?virgina
My ex husband receives disability and is over $60,000 behind in child support.Can they take it out of his disability check each month to send to me?I got a little of it in January birthday nothing more from him.I just want to know if it’s worth my time trying to fight him for the back support or not.

It depends on what kind of disability he is receiving. If he is receiving SSI (Supplement Security Income) he is completely immune from all debt collection, including child support. If he is receiving SSDI then your child(ren) would be eligible for a share of the children's benefits that would go along with that.

As an example, if he was receiving $1500.00 a month in SSDI, and had three children in total, then the total children's benefits would be 1/2 of that, and each child would receive $250.00 a month.

It would be up to you to apply for children's benefits with the Social Security Administration.

 

[Taxing Matters]

As an example, if he was receiving $1500.00 a month in SSDI, and had three children in total, then the total children's benefits would be 1/2 of that, and each child would receive $250.00 a month.

And in addition to that, his own SSDI benefit can be garnished to collect the back child support he owes. The state child support collection agency should be able to help get that order in place.

 

[LdiJ]

And in addition to that, his own SSDI benefit can be garnished to collect the back child support he owes. The state child support collection agency should be able to help get that order in place.

That can happen, but what judges will generally order, is that lump sum SSDI payments for the children be used to cover back child support, and the current child benefits replace current child support. In this case it does sound like the OP might be too late to get lump sum back back benefits for the child(ren}, so it's possible. In general however you normally would not see a judge ordering that the parent due child support would receive the back benefits for the children, the current benefits for the children AND a garnishment from the parent who owes child support.

OP should attempt to apply for benefits for the child(ren) ASAP, keeping in mind however, that he might be on SSI rather than SSDI and if so, there won't be any benefits for the child(ren).

 

[pooh23421]

Thanks for all the advice.I will have to call my local child support office.my daughters are all adults now but he owes like 60,000 in back child support.I am not sure what kind of disability he gets but I know he gets it because he had a meth lab in his trailer and he caught himself on fire.I will get ahold of my local child support office this week.thanks to everyone that replied with advice.

 

[Taxing Matters]

That can happen,...

That's my point, it is possible to get SSDI garnished for back child support. Whether it will be done in any particular case depends on the circumstances of that case.

...but what judges will generally order, is that lump sum SSDI payments for the children be used to cover back child support, and the current child benefits replace current child support. In this case it does sound like the OP might be too late to get lump sum back back benefits for the child(ren}, so it's possible. In general however you normally would not see a judge ordering that the parent due child support would receive the back benefits for the children, the current benefits for the children AND a garnishment from the parent who owes child support.

It's worth bearing in mind that what you see happen in most cases in your state is not reflective of all of them since situations vary, and moreover there are 50 states, DC, and several territories/possessions and they each approach child support a bit differently.

As a result, I think it's worth at least seeing if the OP can get a garnishment of SSDI in place. If the other parent is on SSI instead then, as you note, SSI cannot be attached.

 

[LdiJ]

That's my point, it is possible to get SSDI garnished for back child support. Whether it will be done in any particular case depends on the circumstances of that case.



It's worth bearing in mind that what you see happen in most cases in your state is not reflective of all of them since situations vary, and moreover there are 50 states, DC, and several territories/possessions and they each approach child support a bit differently.

As a result, I think it's worth at least seeing if the OP can get a garnishment of SSDI in place. If the other parent is on SSI instead then, as you note, SSI cannot be attached.

I was actually basing my opinion on what I have seen on these forums over the last 20 years, rather than what happens in my particular state.

However, there is nothing wrong with the OP seeing if a garnishment can be put in place, after the OP finds out what kind of disability he is receiving.