My ex said he is trying to get on disability so that he doesn't have to pay child support. Is this true? We live in PA

Doc_Jim

Technically, he is correct, but do not despair. Social Security Disability Insurance (SSDI) is paid to those who, meeting all other criteria (number of quarters worked, etc), are certified totally disabled by a doctor. Being totally disabled means he can not work in any way at all. Having no earned income, it can not be assigned by the court, just as the total disability he has can not be assigned to another person, neither can his SSDI. The legal child of the recipient of SSDI also receives a monetary disbursement from Social Security, however. In effect, Social Security Administration pays the child support for the disabled worker. The amount is based on the disabled person's SSDI payments, but is not deducted from those payments. They are in addition to them, and are paid until the child reaches a certain age or finishes secondary (high) school.

CakeLadyG

Hi Doc_Jim, from your profile, you are exactly the man I need to ask this. but if anyone else knows the answer, please feel free to help me. And thank you.

Hubby owes back child support/arrears from 80's & 90's, we don't dispute this. we understand the child support unit does keep jurisdiction until all is paid. (they are calculating up to a 5 digit number, so it'll take a while.)
We've been making partial payments every month. (payments smaller than ordered, but we still make them every month anyway). The 2 kids are in their middle 20's, and I was under the impression it stopped when they turned 18 and graduated. (all the missed payments have become judgements, but there are no more future payments due)
We got papers in nov about child support liens on his property, but where it's supposed to list the property in the column, it says "na". we thought that meant, they found out hubby owns nothing.

we just got served papers to appear in an enforcement hearing for the back support. it's saying stuff like jail time, etc, etc.
my hubby is has been getting SSDI payments since 2005.

Question: if we've been making even partial payments every single month (no 90 day gaps), and he's on disability, do they garnish his disability anyway? what judgements can they legally make in this hearing? what can I expect?

Thanks!

Doc_Jim

I'm not an attorney, and I urge you to consult with one. State laws vary and an attorney in your state can answer this best. I'm sure he/she would want to read the divorce decree to see what it states. That can impact the payment of child support greatly.

I presume that he reported the child(ren) as dependents, therefore they have already received money from Social Security. On child support, the non-custodial parent pays through the court and the payment is recorded there as tp date amd amount. If not done that way and is done directly to the custodial parent, things are different. If payment through the court is required, and money is given the custodial parent directly, that is usually considered a gift and not credited as child support.

Someone reported the case to the court and a court issued a judgement against him. That is a different mater entirely.

Again, discuss this with an attorney. There are agencies in your state which provide either no-cost or low-cost legal services to the disabled and elderly. Check with your state bar association for contact information.