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SSDI and back support

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What is the name
of your stateNv (only U.S. law)? Can SSDI be garnished for back child support,if that is the only source of income?
 


LdiJ

Senior Member
What is the name
of your stateNv (only U.S. law)? Can SSDI be garnished for back child support,if that is the only source of income?
SSDI is garnishable, but if someone is on SSDI their children also receive benefits, including backpay, therefore that generally takes care of child support if its properly handled in court.
 
In this case, the children are 35 and 37 years old. CP did not start actively seeking cs until they were in their mid-twenties. Any monies paid to the CP from the state has long since been repaid. She had full knowledge of NCP whereabouts from the time of the divorce in 1988 until she started to pursue cs payments in 1998.
 

LdiJ

Senior Member
In this case, the children are 35 and 37 years old. CP did not start actively seeking cs until they were in their mid-twenties. Any monies paid to the CP from the state has long since been repaid. She had full knowledge of NCP whereabouts from the time of the divorce in 1988 until she started to pursue cs payments in 1998.
So the children were 15 and 17 at the time of the divorce? The ncp was ordered to pay child support and did not? Are you thinking that the ncp should get out of the debt owed to the CP? How much are we talking about?
 
About $13,000 with interest. When divorce was final NCP was in Korea. When he returned home, he found that CP had taken off with the local 17 yr. old meth head and left the kids alone. At that time, NCP and his now deceased mother were taking care of them. The oldest, 17 yrs. old, had quit school, was working full time and living on his own. The CP did finally return after some time. The youngest then finished school, while being cared for by both parents. The NCP then left the area. After some time had passed , the CP had some health issues and the NCP returned to help her. He supported her through her illness, and then left after she was well. In 1998, he announced engagement, and that was when CP agressively pursued back cs. Wages were garnished and it was being paid. Dec 2003 NCP became permanently disabled, due to catastrophic illness, comatose for 6 weeks and suffered several strokes. Has tried to return to work since then, but without success, due to injuries suffered. Just learned that NCP is in renal failure and will need dialaysis soon. Have sent in several modification requests to the court, but say that because circumstances have not changed, nothing can be done. CP hooked up with Supportkids after court decided not to pursue case, and now Supportkids turned case over to third party for collections. Any monies paid to CP from State of Ca. for welfare has long since been repaid. NCP needs some solid advice fast as NCP received notice that they will be garnishing his SSDI benefits beginning Oct. They are taking 65% of his benefits. When NCP did the financial for the modification request, he had $ 37.00 left after his expenses were paid for the month. Please advise. Thank you.
 

LdiJ

Senior Member
About $13,000 with interest. When divorce was final NCP was in Korea. When he returned home, he found that CP had taken off with the local 17 yr. old meth head and left the kids alone. At that time, NCP and his now deceased mother were taking care of them. The oldest, 17 yrs. old, had quit school, was working full time and living on his own. The CP did finally return after some time. The youngest then finished school, while being cared for by both parents. The NCP then left the area. After some time had passed , the CP had some health issues and the NCP returned to help her. He supported her through her illness, and then left after she was well. In 1998, he announced engagement, and that was when CP agressively pursued back cs. Wages were garnished and it was being paid. Dec 2003 NCP became permanently disabled, due to catastrophic illness, comatose for 6 weeks and suffered several strokes. Has tried to return to work since then, but without success, due to injuries suffered. Just learned that NCP is in renal failure and will need dialaysis soon. Have sent in several modification requests to the court, but say that because circumstances have not changed, nothing can be done. CP hooked up with Supportkids after court decided not to pursue case, and now Supportkids turned case over to third party for collections. Any monies paid to CP from State of Ca. for welfare has long since been repaid. NCP needs some solid advice fast as NCP received notice that they will be garnishing his SSDI benefits beginning Oct. They are taking 65% of his benefits. When NCP did the financial for the modification request, he had $ 37.00 left after his expenses were paid for the month. Please advise. Thank you.
Well...now that the debt has been turned over to Supportkids, it is now dischargeable in bankruptcy. So, the ncp could file for bankruptcy and make the debt go away.
 
Supportkids....

Sorry if I posted incorrectly, but I have another question.... If a case is still in the court system(we just found this out this morning), and the CP turned it over to Supportkids in 2005, can it still be discharged in bankruptcy? The court system says that we should ignore all requests from the Supportkids, and the legal firm that they turned the case over to, but I need to know the legal rigts that the NCP may have regarding this. We are very confused as to what are rights are. How can they expect him to survive on $600.00 a month? Any information that is helpful would be very much appreciated.....
 

LdiJ

Senior Member
Sorry if I posted incorrectly, but I have another question.... If a case is still in the court system(we just found this out this morning), and the CP turned it over to Supportkids in 2005, can it still be discharged in bankruptcy? The court system says that we should ignore all requests from the Supportkids, and the legal firm that they turned the case over to, but I need to know the legal rigts that the NCP may have regarding this. We are very confused as to what are rights are. How can they expect him to survive on $600.00 a month? Any information that is helpful would be very much appreciated.....
Actually, now that I think about it Supportkids shouldn't be able to garnish his SSDI. I would recommend talking to the SSA to see what they have to say on that issue.
 

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