Hello,
I pay child support to my ex and owe $11,000 in back support. CCS takes my takes every year. I just applied for SSDI. My question is if I get approved and get a lump sum will child support take my whole lump sum? And will I still have to pay monthle child support?

Why would you not want to pay child support? Your children depend on you for support. They didn't ask to be here. They have just as much of a right to your lump sum as you do. This subject upsets me because my ex has done everything to dodge paying child support since we split 9 years ago. To date, he owes over $80K in back child support. Instead of paying, he will quit his job whenever a withholding order is processed against him. Our children suffer as a result.
To my knowledge, when a parent owes child support, their wages (all wages) will be garnished for payment of child support. It would be in your best interests to have it set up so that child support can be directly sent to your children every month. You sound very concerned about not having any money left once the lump sum is paid out. That is exactly how your children will feel if you cut them out of whatever income you receive from the government for disability.
Whether the SSA will garnish your wages or not, you should make the effort to ensure that your children are taken care of. Ask that an allotment be made for their benefit.
I hope this helps you to make the right decision by your children.

You don't know me or my situation!! I pay money every month to them! They take 75% of my income right now the reason I owe back support is fom interest and my employer not giving them the money! I don't have a problem paying them!

FYI. I didn't go digging around trying to find out information about you. You posted it online... You know... your attitude makes it really hard for people who can help you to want to help you. BUT my anger aside, I will help you anyway. If what you are being required to pay exceeds 50% of your gross (before taxes) income, call the child support office or get online and request a modification review of your case. The basis will be change in income.
This was online at: http://www.pueblo.gsa.gov/cic_text/family/childenf/enforce.htm
The anxiety the custodial parent feels when payments are not regular can easily disrupt the family's life.
For this reason, Congress decided that immediate income withholding should be included in all child support orders. (States must also apply withholding to sources of income other than wages, such as commissions and bonuses; and to worker's compensation, disability, pension, or retirement benefits.)

I haven't worked since my kids mother / wife at the time went behind my back and filed even though I was living with them and working. Not knowing I was to pay child support to kids I personally take czre of they revoked my driving privliges and now I owe 35,000 in back support. I am a truck driver with no lic I can't work I then tried to get a asbestos lic to take care of my kids and child support took that. My question is, how do they expect us to pay if they close all venues for us to make money to pay. Child support is just to mess up family tides that's all nothing else. Cause out of 100 women getting child support only 13% actually use the money for the kids(housing,medical,schooling,clothin ,etc) actual fact

i havent worked since my kids mother / wife at the time went behind my back and filed even tho i was living with them and working. not knowing i was to pay child support to kids i personally take czre of they revoked my driving privliges and now i owe 35,000 in back support. i am a truck driver with no lic i can't work i then tried to get a asbestos lic to take care of my kids and child support took that. my question is, how do they expect us to pay if they close all venues for us to make money to pay. child support is just to mess up family tides thats all nothing else. cause out of 100 women getting child support only 13% actually use the money for the kids(housing,medical,schooling,clothin ,etc) actual fact

This is a Q&A board, not a blog. I am guessing that your question is how your wife can get a child support order against you when you are married and have no notice of the petition for support. The answer is she cannot. If you were not given notice then you have to go to Court, ask to see the file and PROVE that you were never notified.

The time to do that, of course, when was it first happened.

Where do you get your "actual fact" statistics?

My ex-husband is on Disability and still owes interest of $1300.00 and refuses to pay. The IRS takes his taxes each year for back interest, however their was payment this year. Will I ever get the rest of the interest He owes?

Is there a Court Order concerning the $1,300? If not, go back to Court and get an Order. If there is an Order that is no being enforced you need to contact your "local" support collection agency.

Hello,
I pay child support to my ex and owe $11,000 in back support. CCS takes my takes every year. I just applied for SSDI. My question is if I get approved and get a lump sum will child support take my whole lump sum? And will I still have to pay monthle child support?

Yes, the disability lump sum can and will be taken to pay off your arrears. Also if you have the time to do so may I suggest you go down to the Social Security office and sign your kids up to get their own monthly checks (off of your disability) this way you don't have to pay child support each month as the government will technically be paying it for you since you are disabled. Call them up and ask them what the drill is, what to bring with you when you go in person. They can even figure out just how much $ the kids will get each month once you are approved. Even if they take the entire SSDI lump sum from you if it does not come up to the $11K sum you owe, you will still owe the remainder and this may be taken out of your monthly check until it is paid off.

So the mother does not feed ,clothe, house the child. Who then is paying for time and gas and childcare and sick time and christmas ,birthday`s outings , camp, entertainment ,school supplies medical etc etc etc... what a horrid mother. Report her she`s an oops I mean you are... bla bla bla dumb .

Actually no it can't and won't. SSI is ungarnishable by anyone but social security to pay back over payments and the IRS to pay back taxes. That is a fact. Source: The social security administration.

Also with SSDI, there is no reason for them to take the lump sum since you can sign up to have the custodial parent sent their own check for the child or children which is retroactive.

Actually no it can't and wont. SSI is ungarnishable by anyone but social security to pay back over payments and the IRS to pay back taxes. That is a fact. Source: The social security administration.


Please post a more specific souce than "the social security administation." My research is contrary to yours.

It doesn't matter if custodial parent receives a benefit or not, child support has to be paid... right now we worked so hard for 2 1/2 years to get my boyfriends disability approved... I supported him the whole time alongwith my own children... the mother of his daughter is receiving over $600 a month, a back pay of over $1100 AND they are taking over $100 out of his monthly pay towards arrearages on top of the monthly court ordered child support payment... now they are holding over $9,000 of his back pay for his arrearages and he owes less than $6,000... before that he always paid... they take his tax refund every year and the step father gets to claim the child on taxes... the mother and step father divorced, she pays for nothing, receives $1500 a month alimony, lives with the step father, receives almost $1000 a month between the 2 checks from my boyfriends disability and child support... so she is receiving sooooo much and his monthly amount has been reduced to $900... WHERE IS THAT FAIR? Oh, did I mention she moved the child to another state and we only see the daughter when convenient, about once a year one time went 3 years without seeing her.

Also with SSDI, there is no reason for them to take the lump sum since you can sign up to have the custodial parent sent their own check for the child or children which is retroactive.

We just found this to not be true... ss told us AND child support told us they wouldn't take lump sum and now taking $3000 more than he owes on back support and still taking monthly amount and arrearages from monthtly check

Please post a more specific souce than "the social security administation." My research is contrary to yours.

I called them and asked. How much more specific do you need?

ALSO... no one cares that he almost died twice... some people are just greedy... my children were raised without support so don't think that is the only reason I am on his side... I just recently started getting support and the fathers back support is over $50,000... my daughters are grown and I am receiving thearrearages now in a monthly amount

Please post a more specific souce than "the social security administation." My research is contrary to yours.

Are you maybe confusing SSI with SSDI? There is a difference when it comes to child support and garnishment. Child support enforcement in my state doesn't even suspend the drivers license of people on SSI who can't afford their payments.

Some questions I have for people that are interested in their disabled ex's SSI. Why? Why do you want to take considerably less than a "living wage" away from a disabled person? Are you mad at them? Would you be doing this to someone you liked? Why do you want this person more miserable than they already are? Do you want them on the street? Do you want them to commit suacide? Get into drugs and have to rob and steal to survive? All I'm saying is think about your motives, and the effect you are having on people. Sure, a perfectly able minded and bodied person should be able to provide support to their child but people who cannot work due to a disability are not able to do this. Apply for benefits for your children. The SSA has made provisions for this exact situation. Your ex owes you 10 bazillion dollars in back support? So what. They probably owe plenty of other people money too. It's not about who owes what and why I deserve this and you should be accountable for that. It's about being a decent human being.

It doesnt matter if custodial parent receives a benefit or not, child support has to be paid....right now we worked so hard for 2 1/2 years to get my boyfriends disability approved...i supported him the whole time alongwith my own children...the mother of his daughter is receiving over $600 a month, a back pay of over $1100 AND they are taking over $100 out of his monthly pay towards arrearages on top of the monthly court ordered child support payment...now they are holding over $9,000 of his back pay for his arrearages and he owes less than $6,000...before that he always paid...they take his tax refund every year and the step father gets to claim the child on taxes....the mother and step father divorced, she pays for nothing, receives $1500 a month alimony, lives with the step father, receives almost $1000 a month between the 2 checks from my boyfriends disability and child support....so she is receiving sooooo much and his monthly amount has been reduced to $900....WHERE IS THAT FAIR? Oh, did i mention she moved the child to another state and we only see the daughter when convenient, about once a year one time went 3 years without seeing her.


That's only "fair" because your boyfriend hasn't gone back to Court and argued the issue. Let's see - the mother divorced the stepfather and still lives with him.

You appear to live with your boyfriend, the father.

So - when the child was moved which Court determined that that was both allowed and acceptable?

So you have no legal standing because you are the girlfriend, not the wife?

By the way, I am autistic. I am able to communicate much better in text than I am face to face but I still have the tendency to go off and be rude without knowing it. If I have done this it was unintentional and I do apologize.

Some questions I have for people that are interested in their disabled ex's SSI. Why? Why do you want to take considerably less than a "living wage" away from a disabled person? Are you mad at them? Would you be doing this to someone you liked? Why do you want this person more miserable than they already are? Do you want them on the street? Do you want them to commit suacide? Get into drugs and have to rob and steal to survive? All I'm saying is think about your motives, and the effect you are having on people. Sure, a perfectly able minded and bodied person should be able to provide support to their child but people who cannot work due to a disability are not able to do this. Apply for benefits for your children. The SSA has made provisions for this exact situation. Your ex owes you 10 bazillion dollars in back support? So what. They probably owe plenty of other people money too. It's not about who owes what and why I deserve this and you should be accountable for that. It's about being a decent human being.


This is a question and answer site about the law. What is your question or your answer. I see a lot of venting and absolutely no sources.

I find your post to very dramatic, but I don't think anyone thinks: "suacide? Get into drugs and have to rob and steal to survive? " I am not aware that anyone is driven into drugs because of inability to support children. In fact, I don't see where that makes sense. Enlighten me, please.

And "suacide"? I don't see that, either.

People need to go back to Court with PROOF and argue their side of things. The other side of the coin is that children need to eat, have shelter, wear clothing. Who do you think should provide those basics when the parents either can't or won't?

Do you know why the majority of the population doesn't have children they can't afford to support? Because they can't afford to support them. I see post after post where a parent is too disabled to support a child but wasn't so disabled that he kept his pants zipped. Were you autistic when you were having sex with the mother or is that condition something new?

If you want to argue about who should support your child, open a discussion thread. If you want to discuss the law, post your sources.

I have no idea what you are arguing - I'm not sure that you do, either.

This is a question and answer site about the law. What is your question or your answer. I see a lot of venting and absolutely no sources.

I find your post to very dramatic, but I don't think anyone thinks: "suacide? Get into drugs and have to rob and steal to survive? " I am not aware that anyone is driven into drugs because of inability to support children. In fact, I don't see where that makes sense. Enlighten me, please.

And "suacide"? I don't see that, either.

People need to go back to Court with PROOF and argue their side of things. The other side of the coin is that children need to eat, have shelter, wear clothing. Who do you think should provide those basics when the parents either can't or won't?

Do you know why the majority of the population doesn't have children they can't afford to support? Because they can't afford to support them. I see post after post where a parent is too disabled to support a child but wasn't so disabled that he kept his pants zipped. Were you autistic when you were having sex with the mother or is that condition something new?

If you want to argue about who should support your child, open a discussion thread. If you want to discuss the law, post your sources.

I have no idea what you are arguing - I'm not sure that you do, either.

I was talking about the effects of a disability. How homelessness is prevalent among those living on SSI as their sole means of support. How drug addiction is universally found among the homeless population. ETC. If I have violated any terms of service of this web site, I will gladly retract my post, but if I haven't, please do not tell me what I can and cannot write.

I have certainly been autistic since birth. Disability has nothing do do with love and sex. People with disabilities are just that people. They too need love and companionship and may have sex. Autism is no exception. I am not surprised you do not understand these concepts, most people do not.

I have certainly been autistic since birth. Disability has nothing do do with love and sex. People with disabilities are just that people. They too need love and companionship and may have sex. Autism is no exception. I am not surprised you do not understand these concepts, most people do not.


Oh, I was married to a man - now deceased - who had very serious health problems. I'm the last one you should be preaching to.

So - were you on SS or SS when you were having sex with the mother of the child? If so, who did you think was going to support your child?

100% the woman who had sex with you?

100% the taxpayers?

Do not even attempt to preach to me - I have no problems with the "disabled people" (the way you chose to describe yourself) who need love and sex. I DO have problems with those same people who chose not to support their children.

I'm waiting for your research on the people who are forced into drugs by their inability to support their children - or whatever you are talking about.

I actually worked drug enforcement. Your interpretation of the homeless/drug problems is completely backwards. Drugs cause people to become homeless. Homeless people can't afford drugs. Homeless people don't do drugs by virtue of being homeless. Please post your research.

I have no problem with "disabled people" (again, your description for yourself) who need sex and love. I do have a problem with "disabled people" who "need" children - and expect everyone else to pay for them.

I called them and asked. How much more specific do you need?


I need the law, not "he said, she said." I have no idea what you asked. I have no idea how SS answered.

So - post the law OR move your "moral" argument to a discussion board.

I was talking about the effects of a disability. How homelessness is prevalent among those living on SSI as their sole means of support. How drug addiction is universally found among the homeless population. ETC. If I have violated any terms of service of this web site, I will gladly retract my post, but if I haven't, please do not tell me what I can and cannot write.

I can't believe I just quoted myself. But apparently you are unwilling to read what I have written above, so here you go. READ IT this time. I didn't say supporting your children causes blah blah blah. I said exactly what is directly above what I am writing here. Seriously, try reading it.

You working in drug enforcement does not impress me in the least. In fact it has quite the opposite effect. Now I know why you are so closed minded and can't see outside yourself. You have been conditioned to be that way.

Actually no it can't and wont. SSI is ungarnishable by anyone but social security to pay back over payments and the IRS to pay back taxes. That is a fact. Source: The social security administration.

Again with the quoting myself. This is exactly what the social security administration said.

I can't believe I just quoted myself. But apparently you are unwilling to read what I have written above, so here you go. READ IT this time. I didn't say supporting your children causes blah blah blah. I said exactly what is directly above what I am writing here. Seriously, try reading it.

You working in drug enforcement does not impress me in the least. In fact it has quite the opposite effect. Now I know why you are so closed minded and can't see outside yourself. You have been conditioned to be that way.


I wasn't trying to impress you - or anyone else. I have asked you to quote your source that homelessness needs to drug addiction, not that drug addiction leads to homelessness.

You can attempt to insult me all you want - it says a lot more about you than it does about me.

Again - the law is about facts. You are on a legal board. Post facts, not insults, not your "opinions."

I'm not the least bit surprised you keep quoting yourself - you appear to be your only resource.

And I'm not the least bit surprised that you are anti-drug enforcement.

In fact, my employment allowed me to support myself and my (step) children, a concept which is apparently very foreign to you.

If you need further verification, just call them and ask them yourself. Can SSI payments or the lump sum be garnished to pay back child support debt. It's really that simple.

If you need further verification, just call them and ask them yourself. Can SSI payments or the lump sum be garnished to pay back child support debt. It's really that simple.


No, this is called Ask Me Help Desk, not "Call them and see if I know what I'm talking about."

Again - if "someone" gave you the information it can't be a secret. Post the law.

I am sorry if you felt insulted, I am not trying to insult you. That would be pointless. I have to apologize for this almost daily. I am a high functioning autistic. That is to say I am a person with average or above average intelligence that has a difficult time with communication. For some reason I tend to state things without recognizing what impact that statement might have on someone. Uninformed people view me as sometimes inappropriate, abrupt and rude. It is not something you should take personally. That was the intent of telling people I was autistic in the first place. To tell them to not take what I say personally as difficult as that may be.

I didn't look up the law. I called an authority and asked them what the law was and then I posted it. I can't obviously post a recording of the phone conversation as that would be illegal. I stated the information along with a source. You questioned my source so I elaborated. I'm not sure what else you require.

QUESTION 9: Are Social Security Income (SSI) benefits subject to garnishment?

RESPONSE 9: No. Supplemental Security Income (SSI) for the aged, blind, and disabled pursuant to title XVI of the Social Security Act are not subject to garnishment; see 5 CFR §581.104(j).

From this website.

PIQ-09-01, Garnishment of Federal Payments for Child Support Obligations (http://www.acf.hhs.gov/programs/cse/pol/PIQ/2009/piq-09-01.htm)

Title 5: Administrative Personnel
PART 581—PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY
§ 581.104 Moneys which are not subject to garnishment.
(j) Supplemental Security Income (SSI) payments made pursuant to sections 1381 et seq. of title 42 of the United States Code (title XVI of the Social Security Act).

§ 581.104 Moneys which are not subject to garnishment.
(j) Supplemental Security Income (SSI) payments made pursuant to sections 1381 et seq., of title 42 of the United States Code (title XVI of the Social Security Act).


I'm done playing with you - the info you chose to share is of no help whatsoever. I realize you just don't "get it."

Maybe it's part of your autism; maybe it isn't. I have no idea, but this is going nowhere.

That took me 2 minutes of "googling" to find that information. I'm not sure why all your "research" didn't yield the same results. That information is EXACTLY what you asked me to share, not what I chose to share. It DID go somewhere. I did exactly what you said and you are still arguing with me. I even provided a link so you can go look for yourself. I have a feeling you just don't like to be wrong.

Intellectual disability and homelessness - Mercier - 2011 - Journal of Intellectual Disability Research - Wiley Online Library (http://onlinelibrary.wiley.com/doi/10.1111/j.1365-2788.2010.01366.x/abstract)
http://www.nationalhomeless.org/factsheets/addiction.pdf
http://www.nationalhomeless.org/publications/facts/Mental_Illness.pdf

In many situations, however, substance abuse is a result of homelessness rather than a cause. People who
Are homeless often turn to drugs and alcohol to cope with their situations. They use substances in an
Attempt to attain temporary relief from their problems. In reality, however, substance dependence only
Exacerbates their problems and decreases their ability to achieve employment stability and get off the
Streets. Additionally, some people may view drug and alcohol use as necessary to be accepted among the
Homeless community (Didenko and Pankratz, 2007).

Please let me know if you need more, though this should be enough.

For anyone who want's to know what federal payments can and cannot be garnished for child support here is an outline in pdf format from the US Department of Health and Human Services, Administration for Children and Families Website.

http://www.acf.hhs.gov/programs/cse/pol/PIQ/2009/piq-09-01a.pdf

"Disability can strike anyone at anytime and that includes parents. Many parents are finding themselves disabled and unable to work. For someone who is divorced or separated from the custodial parent of their child, this may mean they are responsible for paying child support. There are some special considerations when it comes to social security disability and child support. It's important that those affected understand this completely. There are two types of social security disability. One is SSDI and this is restricted to individuals who have worked and now find themselves disabled. The other is SSI which is a form of benefit for individuals who have never worked. The latter is often viewed as a form of social assistance.

If a parent is on SSDI and is responsible for paying monthly child support payments, there is a chance that the payment can be taken from their SSDI proceeds. In order for this to happen, the custodial parent must prove that the disabled parent hasn't been making their child support payments. The claimant's SSDI payment can then be reduced to reflect the payment being removed and sent to the custodial parent.

In the case of SSI, the custodial parent has no right to any of the proceeds from the disability benefits. They can also not have any back payments they may be entitled to, taken for this reason. That's not the case with someone on SSDI though. If they have been unable to make their child support payments for several months because of the appeal process related to their disability claim, they may have see their back payment handed directly over to cover the missed child support payments. They opposing spouse will typically retain a lawyer who will file the necessary documentation to ensure that happens.

Claimants would do well to note that when they initially apply for SSDI benefits they are asked to provide any pertinent information about dependent children. This is vitally important because the children of someone who is eligible for SSDI payments may also receive a benefit. In the case of a parent who owes child support, there are some states in which this SSDI payment made directly to the child covers or offsets the child support payment that is required by law.

If a claimant is unsure about their rights in regard to their SSDI and their child support obligations, consulting with an attorney is a wise idea. Although it's incredibly important that the claimant live up to his or her parental responsibilities, it's also imperative that they understand what rights they have in regards to this. SSDI can be a complicated process in itself and when combined with the issue of child support, having legal guidance is always a good thing." Social Security Disability And Child Support | Social Security Appeal (http://www.esocialsecurityappeal.com/social-security-disability-and-child-support.html)

This is a private site but very well written and researched - worth the read.

I think this is the end!