53 comments on “Child Support and Social Security Disability

  1. Priscilla williams on said:

    I have got my disability and I owe some money in back pay for child support. I was incarcerated and they had given me an amount to pay that is exceeding the amout I even get a month. Do I just go to court and get this modified? Also I had gotten a vacancy of my divorce and the child support was part of the divorce, would you know who and what I can legally do about this?

    • If you have some outstanding child support obligation, you need to contact your State Department of Revenue and court if you are looking to modify your obligation. The Social Security Administration relies heavily on the information provided by Child Support.

  2. Ken Foil on said:

    I just received a motion from the general court of justice in NC whereby my ex-wife is ststing that I am in contempt of court for not reimbursing 100% unreimbursed medical expenses for the 3 minor children. At the time I entered into this voluntary agreement I was employed and believed that I could use my insurance benefits to supplement the childrens medical costs. However, I had a serious heart attack and as a result now have an implanted heart device along with many meds to control the risk of death. I am no longer employed and I am receiving disability benefits. The children are receiving money directly sent to their mother as directed by the court and SSI dollar amount accordingly.
    She is suing me in excess of $12,000 for sending the kids to emergency rooms what seems to me to be quite excessive as well as the fact that she has them on several high dollar mood altering prescriptions, etc.
    I can barely make ends meet as is, what are my rights and how do I get help concerning this matter. Thank you for your consideration.

  3. Sarah on said:

    I have a question, I live in Alabama. I currently get monthly payments from SSD from my ex husband for my two children. My son turns 18 in July and will not graduate High School until May 2013, the SSD payments will start being paid directly to my son (which is fine by me). My question is this, is my ex husband still obligated to pay child support to me for my son until he graduates Hight School even though my son is getting paid the SSD directly to him?

  4. Cameron Thorburn on said:

    Hello, don’t know if you do family law or not. I was served papers in February of 2011 including a TRO, now lifted. Long story short, we lived in a house built on property gifted from my parents. We both decided that I will buy her out. She still resides there and is dragging her feet on finding a new house. Do I have any recourse or rights in making her leave? Thank you.

  5. Stephanie H on said:

    I am disabled. I also receive child support arrears since Oct. 1998 court ordered to pay $25 per wk. he was over 35,000 behind when they caught up to him. I receive both SSD(590) and SSI (varies from month to month according to the arrears I received.)
    For the past year, my ex has been telling our son (who is 33 now) that he cannot get his disability because of the arrears hanging over his head nor can his wife get health insurance for him through her employment because of the arrears. He’s insisting that I need to stop the collection for him to get his disability benefits. Is this true?
    He never held a job long enough to have the quarters paid in to be eligible. I’m assuming his would be based on his wife’s earnings. Would he even be eligible to draw SSD when his wife has been supporting him for the last 20+ yrs?
    I would like to put this to rest. Also, a yrly statement I get from OSCE stated that if I were to end the arrears, I would be liable to OSCE for nearly $800 in legal fees. You’re reply would be very much appreciated.

    • My apologies for the late response to your question on my Blog.

      I need more detail in your question. An individual may still apply for and receive Social Security Disability benefits. However, some of those benefits may be garnished if the person has a child support obligation (i.e. arrears).

  6. Melonie on said:

    I have four children and my x was just awarded disability. I am receiving ssi for the kids now. I am also receiving all of his back pay bc he owes 15,000 in arrears through child support enforcement. In addition I will be collecting half of his disability payment monthly as ongoing child support payments. We live in nd and they are very serious about these things. He did try to have it dismissed however all they did was exempt him from any future interest.

  7. i have a child and ssd takes child support out based on 10 years ago. since she has married and had another child. does that affect my amount of child support payments?

    • Thank you for your question, Chris. I would encourage you to contact a family lawyer in your state regarding your issues with child support. Child Support typically depends on the individual who is paying support circumstances as opposed to the person who is receiving. Thank you for responding to my post.

  8. My apologies for the late response to your Blog Question.

    Under the regulations, Social Security Disability is typically exempt from being garnished by creditors with a few exceptions. The Federal Government allows garnishment under 3 limited circumstances:
    1) Federal Debt
    2) Alimony
    3) CHILD SUPPORT

    Typically, they only take a percentage of the back pay and monthly benefits. Unfortunately, unless you have something to prove the child is not his, your husband may be at risk for a child support obligation.

  9. Shanika on said:

    My childrens father recently was approved for SSI and child support contacted me. We went to court, only for the mediator to tell me that child support was going to close the case and that they cannot take money out of his funds. He owes a toral of $35,000. in child support not includint interest and others and is going to be paid paid backpay of 24,000. I feel that this is very unfair and that something, especially when being disbursed a large amount, should be given to the children for support. Me and the father were together for 15yrs off and on and I support all. He worked maybe 1 1/2 yrs of his childrens life, so him getting a job is unlikely. Is there a way to fight this order…

    • Thank you for your question. There’s not much you can do in this situation because if he is receiving SSI (Supplemental Security Income), this program is more of a welfare program (as opposed to an earnings program like DIB). As such, the government is probably not going to garnish that back pay.

  10. I got shot so I receive Ssi I have a daughter that was born three months early so she receives Ssi too I’m no longer with her dad a he don’t do anything for her at all from the time she was born can I put him on child support

  11. I have been disabled since 6/2010, received a fully favorable decision for SSDI in Aug 2012. Informed my ex that he needed to make an appt with SS office in order to apply for our son to receive a portion of my SSDI. So he receives approx 800.00 a month now, and in our custody papers I was to pay 180.00 a month, plus insurance and 50% of medical bills. Since being disabled, I know longer had insurance, but my current husband continued to pay my child support this whole time. Plus he is getting 21,000 in back pay, I told him not to spend it, that it goes to cigna, my LTD company. he tells me, i am still responsible for child support, insurance etc… and he is keeping all the money from back pay. he refuses to let me see my son, I had to move to Florida related to the cold weather causing increase in pain, and want to see my son more than once a year. Our divorce was in MO, he still lives in MO, different county, I now live in Florida. I know we need to have custody revised to fit current circumstances. But from what I am reading, I still have to pay him child support, even though he is receiving quadruple what I was paying??

  12. Candice on said:

    I am a mother of a five year old and the child’s father is trying to get SSD. We live in the state of TN and he has a back pay of 20,000. He is going to court in a month to try and get his SSD approved. He has not made any type of payment in 4 years. I was wondering if you could clearify for me; that if he does get approved for SSD that the state of TN will pay his child support without him having to send it in first. Thank you for your time and help.

    • Thanks for visiting my blog. Under the Social Security Act, Social Security Disability benefits (DIB) may be garnished to satisfy a debt for a person who has an outstanding child support obligation. SSA and the state Department of Revenue will typically work with each other to address the debt if the person is found to be disabled.

  13. Daniel Wilson (Northern California) on said:

    after 2 years of appeals I was granted SSI benifits due to the fact that I had not earned enough money in my life to qualify for regular Social Security. At the time I had 4 child support cases, 2 of which exceeded $150,000 dollars, the majority of which was interest on a less than $50,000 principal on my 2 oldest children now 29 and 31 years old. I had not paid anything toward this in over 10 years due to disability. Immediately following my being granted SSI I began receiving letters from the D.A’s office closing each of the cases. I called and asked why and they said it was due to my being permanently disabled. None of my nearly $14,000 dollars back pay was taken, I received it all. My credit report reflects the fact that I no longer have this debt so my credit has now been restored as well….So I guess it just depends on where you live and whether they feel like pursuing the wind or not!

  14. Christine A on said:

    Wow, I just taken on this one! I am 100% disabled at this time due to waiting for an organ transplant I have full custody of our minor daughter. My ex has applied for diability due to uncontrolled seizure due to lack of medical coverage to seek proper treatment. He was denied and has a lawyer appealing the decision. My ex had a hearing to have his drivers license revoked and the referree dismissed the charge and filled a motion to have child support redone. I had contacted our case worker (4 times) to inform her that my ex is currently making payments on another support order because they are threatening jail time. And that my ex is working for cash or trading labor with friends so he is really not unable to pay. My case worker never returned my calls. At the hearing with a referree, I said I was willing to comprimise and give my ex a suspension of support obligations until he is able to either get benefits or work and a reduction of the monthy amount. The referree said “It is this courts intention to dismiss all child support obligations due to both parties being 100% disabled. The arrears were also dismissed, by me because I felt at that time it would do me no good to try to fight to collect a past amount when the court had no intentions of obligating him to continue to pay support. I was asked if I agreed with the courts decsion. I said “Yes, if that is the courts ruling I guess I must agree.” The referee then said I could file an appeal if I had grounds to but changing my mind was not a good enough reason to ask for an appeal. She then ordered my ex to inform the court within 30 days of any change in benefits or ability to work and dismissed the case. Now I am reading online that applying for disabiliy is not grounds for dismissal! I was left under the impression by the referree it was the law and the court would order it that way no matter what I said. I just agreed because of that and my health leaves me not wantng to waste time and energy fighting. I have almost a full time job keeping up with medical appointments let alone going to family court to fight with someone who will not pay until they are threatened with jail. He works for cash under the table and makes no effort to pay anything. I have often told him, even sending $20 a month would help with gas for transporting our daughter. It seems like I have no way of reversing this court order since I agreed, assuming it was going to happen regardless. Now I feel like any appeal falls under the grounds of ” you can not just change your mind”. Any suggestions?

    • I really can’t answer that question without knowing some very specific information about your case. The only way I will be able to obtain that information is if you hire me to represent you.

  15. well if your disabilty waz garnished to pay back time child support ant the other party spostta report it to child support becouse i no ssi dont prosses it thouw2 even thow thats what its for

  16. Ann Herrington on said:

    My ex was behind on child support and going to jail for not paying.He was in real bad health, so I went to the child support office and stopped future child support. The courts stopped his child support. He then got his disability approved and is now receiving a monthly check. He says he doesn’t owe the back child support, but from my understanding the court order says he still owe the back support. I’ve been told i could get it from he’s disabilty. Is this true?

    • Under the Social Security Administration regulations, outstanding child support obligations can be garnished from Disability Insurance Benefits. Contact the Social Security Administration office where your ex applied and they can inform you of whether your child is eligible to receive benefits.

  17. Valerie on said:

    I have a question.. I got married 6 months ago and my husband owes back child support for a child he is not even allowed to see (per the mother).. I have been getting ssi for disabled children for both my children in the amount of $710 each.. I did not receive a letter stating either of their benefits were being reduced, however, tonight when the card loaded, my son only received $600.67.. So somewhere $110 is missing.. I called the direct express number and the man I spoke to could not see any errors with the account.. all he could tell me was that the $600.67 was all he saw was to be deposited.. My question is.. Since we are married.. Can they garnish MY childs ssi disability to pay for his back child support? I’m not even receiving child support for any of my 3 children.. Been fighting with the child support department to get the ball rolling but so far nothing.. How can they make me pay for someone else’s child when I have three of my own who are not getting the child support they are supposed to? Is this possible? Can I go talk to my social security office and try to see if theres anything they can do?

    • Anthony Reeves on said:

      It is doubtful that SSA can garnish your money for your husband’s child support. However, you should contact your local SSA office for assistance.

  18. Hi,
    My husband & I have had custody of 2 children for 10 years & the mother & father are supposed to pay court ordered CS. The bio father has never paid on any regular basis. ( owes just under $40,000.00) & the bio mother was basically the same but she instead of accruing such high arrearage got on ssi & the court just said that she only had to pay half of her arrears. I was appalled. She no longer owed any CS at all. Then she went off to college & is now a nurse! I am flabbergasted! Neither one of these bio parents have even called, written or checked up on their children in years. Sometimes I think they are doing them a service, & sometimes not.

  19. vereasia on said:

    Hi. I am trying to figure something out. My childs father is behind over 13,000 dollars in child support. He now just started to receive his 60,000 in back pay from disability. He said I should be getting a check also. Is this true? If so, how long does it take. I have not received nothing and I contacted child support and there is nothing in the system about it. Will he still be require to pay child support while getting disability. Am I even going to get the back pay?

  20. My wife had brain surgery in the last year and her neurologist told her that she should apply for disability benefits (SSI and SSDI). Her ex-husband currently pays child support for their two children, but the calculation is based on my wife’s previous income as a school teacher. We tried to modify the CS but the judge would not impute my wife’s income at zero (even with a letter from the neurologist) because she had not applied for SSA benefits. My wife later applied for disability benefits and was denied because I have more than $3,000 in checking, savings, and/or retirement accounts. Do you know of any cases where a mother was determined to be disabled outside of the SSA (because she or her new husband did not qualify for benefits), and subsequently imputed an income of zero on the child support worksheet?

    This situation leaves an interesting and unfortunate situation for anyone who is faced with it. My understanding is that child support determinations do not take into account a new spouse’s income and savings, but a determination of disability by the SSA definitely does. I would think that either the SSA should allow a determination of disability to be made and THEN make a determination of whether benefits will be paid to the disabled person. Or, the courts need to allow a determination of disability to be made by someone other than the SSA. Wishful thinking, I know.

  21. brenda on said:

    My 14 yr old grandson,and two yr old granddaughter are in foster care, my grandson recieves SSI,and his mother recieves SSI/social security death benefit off her father,bc my daughter was minor when she become disabled,making her income 718.00 per month,and since her kids are in foster care she has been ordered to pay monthly support in amount 150.00 per month for children combined, and they allowed one of childs fathers to sign away his rights go avoid paying,and other father has not been ordered at all to pay,but is incarcerated, is this legal? Should the obligation be forced soley apon her??

    • Anthony Reeves on said:

      Unfortunately, I can’t answer that question. I don’t have enough facts. I would recommend you contacting SSA and a family attorney for more guidance

  22. If I have an existing payment agreement for arrears and am current with it and no further child support due – can my pending SSDI be garnished?

  23. Becky Hiple on said:

    I am on SSI and have been on it since I was 17 years of age and now I am 38 years old. I received a letter in the mail from Child support saying I owe $102 a month plus a couple back months and owe them money for medical when my 2 boys insurance wont cover something I have to pay that as well. I get $721.00 a month and after I pay my bills all that is gone. The Child support people said I missed a court hearing in Ohio Court and I didnt even know anything about it because they never sent me any court papers. I told the child support lady that on the phone and she gave me the number of the court to call and I called them and told them I never received court papers saying I had to go to court and I asked them what was the address they sent them too and they said my old Lake City FL. address where I have not lived at for 11 years. I have been living in Alachua Florida for 11 years and they sent the court papers to Lake City FL. I told the lady I was on SSI and I didnt have a drivers license and she said she didnt know what to do for me since the judge ordered what he ordered on the Child Support. I sent my SSI paper to child support showing I was on SSI and had it sent with signature confirmation,I already talked to child support and all the lady could say is she really dont know what she can do about it because the judge already made the order for me to send the payments,but she probably wont still be able to do anything about this. Please tell me what I can do about this I really dont have the money to pay for child support and both kids Medical because I am broke after paying my bills? I live in Florida and they live in Ohio,will I get arrested and go to jail for not being able to pay for Child support and medical for my 2 kids I havent seen in almost 15 years now?

  24. Gina Carcione on said:

    my question is i am on ssd and i recently got married and we didnt sign a prenup. my husbands ex wife said now that were married if she wanted she could go after me for child support for his children? is this true cause that sounds crazy? they are not my kids, they are my step kids and i love them very much but this is the firt i ever heard of this.

    • Anthony Reeves on said:

      I would recommend you contact your local SSA office and they can give you answers to your questions about your situation.

  25. MY CHILD FATHER HAS NEVER PAID CHILD SUPPORT BECAUSE HE IS ON SSI. NOW HE IS MARRIED AND HIS WIFE HAVE THE FINANCIAL MEANS TO HELP HIM WITH PROVIDING FOR HIS CHILD. CAN I GET CHILD SUPPORT BASED ON HIM AND HIS WIFE INCOME?

  26. angie garcia on said:

    my ex is receiving ssa, and the child support office is saying my children’s SSA benefits, are going to be deducted. from the child support that he owes. they are threatening to cancel my child support case. if i don’t give them my award letter from social security. so they can give him credit for his child support , can you give me advice.

    • Anthony Reeves on said:

      Unfortunately, I can’t give you advice on how to handle this matter. I would recommend you speaking to an attorney in your area.

  27. James Shearins on said:

    I HAVE A FOUR YEAR OLD SON, IVE BEEN IN HIS LIFE SINCE THE DAY HE WAS BORN, HIS MOM DIDN’T WANT ME AROUND SO I DIDN’T SIGN ANY PAPERS SAYING I AM THE FATHER, HE RECEIVES A SSI CHECK, AND FROM NOVEMBER OF 2012 TILL MARCH OF 2014 HE RESIDED WITH ME BUT AND WENT TO HIS MOM ON WEEKENDS. SHE ALSO HAS 3 OTHER KIDS AND ALL HER BILLS THAT SHE SUPPORTS WITH HIS CHECK, I GET HIM EVERY WEEKEND IM OFF AND I PROVIDE FOR HIM, WHEN HES WITH ME, WOULD THE SSI BENIFITS GO A WAY IF SHE FILED CHILD SUPPORT ON ME OR WOULD THE SUPPORT PAYMENTS NOT BE SO HIGH, HER OTHER THREE KIDS FATHER DONT HELP HER AT ALL AND I FEEL LIKE SHE DONT TRY TO TAKE IT OUT ON ME AND TRY TO PUT ME ON CHILD SUPPORT TO GET EXTRA MONEY TO HELP PROVIDE FOR THOSE OTHER KIDS AND SHE WILL STILL USE MY SONS CHECK TO MAINLY ON HER BILLS AND OTHER KIDS NEEDS ALSO

    • Anthony Reeves on said:

      Unfortunately, I can’t answer this question but I would suggest you contact a family lawyer or the child support agency to answer your questions.

  28. Will I owe my ex if child support garnished his ssi?

  29. Sherrie on said:

    My friend has 7 year old twins and their father is in prison for 15 years. Does that make them eligible for SSI? How can we find out?

  30. I get SSI. I didn’t and dont have enough credits so I get SSI. I get 752 and some odd dollars. My question is my daughter who is 24 soon to be 25, who works full time and is in college also full time, and does not live with me. She has her own apartment. I am owed child support and he owes me $25,000.00. He has started paying and I am to receive 114.00 a week. Do I report this to SSI or is it a given because she is not living with me and it was child support he owed for years and, I’m the one who used all of my money to take care of her, when he should of been helping. So I dont know if I am supposed to let SSI know. Also, If he would of given me a lump sum of the money he owed, would I still have to report it. And if so, what is the difference of getting it monthly or in one lump sum. I have no problem reporting it if I have to, I just dont understand why, and why would there be a difference in monthly or lump-sum payments.

    Thank you,

    Tina

  31. darren ullger on said:

    i have been on disability for 4 years, they take two thirds of my check and when all of my bills are paid , my doctors apps prescriptions,car insurance i am left with 98 dollars to live on.I have severe oseoarthritis i have trouble doing the simple things in life, my blood pressure is 164 over 96 , the problem is i live in a trailer with no water or heat while my ex lives in a big house with her new guy who i think she is married to, when my net worth is nothing and hers is a half a million and they have garnished my check for 6 years and put a thousand dollars towars arrears every month. my old company went bankrupt because we couldnt afford to buy the supplies anymore and me and my brother were making payroll buy paying out of our pocket. i actually fought the bankrupsy and my brother refinaced his house to try to save the business but it failed they took the money and paid off old loans.Can someone help me there were 5 different lawyers that did the bankrupsy and it was well documented. she made me pay off the house with the money from the business which she now rents for 2599 dollars a month she takes 1700 dollars from my disability and she takes the kids 1000 dollars that goes to them, she has here own jewerly business and her fiance or husband has two sucessful businesses. all im asking for is my disability so what ever time i have left i can live in peace and maybe see my children which she moved in when she move to her guys huge house., Please let me live in peace, and to be able to see my kids would be better than winning the lottery, thanks for reading this and god bless,

    • Anthony Reeves on said:

      My apologies for the delay in the response. I am not sure where you reside but you need to find a lawyer in your jurisdiction so you can discuss what your options are.

  32. Thomas on said:

    Hello. I have been on ssdi since 2003 and just recently divorced. I live in Texas, by the way. My only child receives $648 / month through my disability. He has been for years. In the decree, the child support was $429/ mo. ($250 child support and $129 for medical support) the A. G. Saw fit to garnish my disability checks the full amount ($429). They never took into account what my child received for disability. They also said since I was not pAying for two months, that I was in arrears. This was due to their sloth-like attitude.

    This started in March 2014. I only received $758 a month in disability after the $429 monthly deduction. I immediately went to the A. G.’S office and set up an appointment on May 22. During this appointment, my ex started crying and made false accusations against me in our meeting, so I was kicked out of the office after only 5 minutes and made to wait for an hour and 15 minutes while they acted as council for her. I was then called back into the office and I noticed an extreme hostility towards me from the case worker and an “attorney”. ( both female )

    They said they came up with a “solution” and they needed me to sign the papers. I tried to question them about the conditions and whether I could get my overpayments back and was told that I would not be getting anything that I was made to overpay back. And to “just sign the papers”.

    I was denied any explanation and was told that if I didn’t sign the papers, I would have to go to court. I was forced to go to court. When I did attend court, they lowered my obligation by ~1/2. My ex was getting over $1300 / month for 1 child $429 plus the $648 plus now 50 percent of my work wages to pay off the non-existent arrears creAted by the corrupt A. G. Which was ~ $390 / month.

    Now I’m still paying $193 per month for the medical, which I think should come from the $648 my child gets from SS through me, seeing as it is a benefit being provided through me. Actually it has already been one and a half months and I’m still paying $429 from my SS benefits when it should have already been down to $193.

    My question is, first, is medical support not allowed to be deducted from my son’s benefit even though it is provided, indirectly, through me? And second, how would I collect my illegally coerced overpayments that were made due to either the A. G.’s incompetence or professional misconduct?

    Also, do I have grounds for a lawsuit against the A. G. And my ex (conspiracy) For punitive and monetary damages due to the obviously illegal actions taken by this office to victimize me, simply since I am a man. (Sexual discrimination). Btw. This is only an abbreviated version of events, as I wanted to keep it short and simple. Thank you.
    Thomas

    • Anthony Reeves on said:

      I appreciate your question. I noticed you mentioned you lived in Texas. I would strongly encourage you to contact an Attorney in your jurisdiction to answer your questions and provide proper feedback about your legal options.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

* Copy This Password *

* Type Or Paste Password Here *

36,904 Spam Comments Blocked so far by Spam Free Wordpress

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

© 2014 Reeves Law Firm | Social Security & Disability Law Firm In Kissimmee, Tampa FL™ - Law Firm Web Design by ID Marketing & Events