My brother who lives in Nevada is 51 years old and has just been approved for SSDI/SSI. He is in arrears for child support to the state of California for a huge amount of money ($50,000) even though they have garnished his wages all these years it's still huge.

The child is now 23 years old and on her own, but he still owes back child support due to the interest because he had some years of unemployment and was injured and has sustained injuries.

I know he needs to get a modification for child support, and because he does not understand how things work, he didn't think he could reduce it until recently. But my main question is this:

He is expecting a moderate backpay from SSDI and SSI, can the state take his entire Back pay for the back child support,or is it 60% like the monthly he has to pay? He knows he needs to pay out of his monthly amount, but he is concerned about the backpay being taken completely.

Thanks for your help

Nevada follows the CCPA limits on withholding:


The withholding limits set by the federal CCPA are as follows:
50% Supports a second family, with no arrears or < 12 weeks in arrears
55% Supports a second family, and more than 12 weeks in arrears
60% Single, with no arrears or < 12 weeks in arrears
65% Single, and is more than 12 weeks in arrears.

I think any (disposable) income, including disability income, is subject to withholding in Nevada. Since Nevada guidelines follow the Percentage of Income model,

The order is out of California, They will try to take it if they find it. If your brother has medical needs for the money he may be able to argue that the amount for medical need be set aside. His biggest problem is the 10% interest that is applied to his arrears. With that total its $5,000.00 per year going to nothing. So even with an adjustment to the level of support taken he may be paying child support for the rest of his life. The law has made it a life sentence to have children and lose custody in courts. Many courts (California is one of them) like to treat men as walking wallets. Also the child support agency from there don't exactly tote the legal line. They will try to get away with what they can so be aware and diligent.

So, from what both of you are saying is that 65% of the Back Pay will be taken? We know he will have to pay the 65% out of the monthly SSDI benefit. Reason he is so worried about them taking the ENTIRE back pay is because he needs 3 surgeries done ( 2 knees and one neck) and will have to have that extra lump sum to help with rehabilitation and other medical needs.

If he gets on SSD and stays on for two years he will be qualified for Medicare benefits paying for his surgeries and rehab care if the knees are the reason he's on disability so he won't need the extra money to pay for that.

I had said they will most likely try to take 100%. If he wants or needs money back he may have to fight the system for it.