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Concerned33 · Nov 23, 2009, 03:04 PM

Hi, I first off was wondering if child support can garnish, in any way, VA Disability IF the non-custodial parent is in arrears? Second, I'm going to have my child support modified in where he will more than likely be paying more to child support than he recieved in SSDI benefits. Can Child Support take all of his SSDI payments to cover the child support order? Example: He gets $850 for SSDI but the child support order is for $1000,,,,could the whole $850 be garnished to cover the order? Thanks so much! :confused:

cdad · Nov 23, 2009, 03:06 PM

No its not likely. There are maximum amounts they can take from anyone. Why would you think you can get more then a person makes ?

How would they live ?

Concerned33 · Nov 23, 2009, 03:29 PM

Oh no you misunderstood,, or maybe I didn't make it clear enough! He's receiving over $3500 a month in VA disability and in SSDI payments. PLUS he owes his kids over $20,000 in back child support. I wouldn't want them to take more than he makes,, don't get me wrong here. I am scraping by with about $1200 a month and with our 2 kids. My question is this - because the order is for $1000 a month, can child support garnish all of his SSDI (not all of his income! ) to satisfy the court order.

cdad · Nov 23, 2009, 04:32 PM

Originally Posted by Concerned33

Oh no you misunderstood,,,,or maybe I didn't make it clear enough! He's recieving over $3500 a month in VA disability and in SSDI payments. PLUS he owes his kids over $20,000 in back child support. I wouldn't want them to take more than he makes,,,,don't get me wrong here. I am scraping by with about $1200 a month and with our 2 kids. My question is this - because the order is for $1000 a month, can child support garnish all of his SSDI (not all of his income!!) to satisfy the court order.

No they can not take it all. They would have to split up sources. Are the children receiving SSD at this time ? If they haven't reached age of majority then they should be getting a check also.

twinkiedooter · Nov 23, 2009, 05:14 PM

They cannot touch the SSD checks but they can touch the VA checks. You need to have him sign the children up so they can receive their own SSD checks on his behalf. You'd probably get as much or more from SSD for the kids. Tell him to go down to the SS office and sign them up ASAP.

stinawords · Nov 23, 2009, 08:40 PM

As noted they can not take his SSDI in any portion. However, the kids may also be able to get payments from the government until they reach the age of majority in your state. Now, every now and then the kids are not eligible but in many cases they are you will just have to get ahold of the SS office to find out. Also, you said you were going to have it modified to be more... how do you plan on having it modified to increase the payments? If anything once a person goes on a fixed income the support payments are modified to be lower generally. He of course will still owe the back support until it is paid off but only a certain percentage of his income can be garnished.

Concerned33 · Dec 2, 2009, 11:58 AM

Thanks for all your answers and help. Child support is actually garnishing his SSDI now - 50% of it. I'm trying to get in touch with the VA now. For someone who is trying to help out their children, I wouldn't even think about the modification part,, part unfortunately their father has been running from paying or helping out at all. He hasn't called them or anything for over 6 years so it's a pretty sad situation. I've been fighting this and trying to get what my kids deserve for years. I wish people would look at paying child support as helping kids but I guess not everyone sees it that way - I think he sees it as a way to get back at me by avoiding payment if he can. It's hard because it's the kids that are on the bad end of this!

stinawords · Dec 2, 2009, 10:14 PM

Thanks for letting us know how it is going. I forgot that it was SSDI not SSI, they look similar but are different. Good luck in getting the rest of your payments!

Concerned33 · Dec 2, 2009, 10:30 PM

Thanks much!

mompyngsupport · Sep 25, 2012, 06:20 PM

Every parent knows that it doesn't take $1000+ to care for a child. If the other parent contributes their "50%" then it wouldn't seem like such a "victim" situation... being a mother/father is priceless, unfortunately others look at it as an easy paycheck, which can create bitterness between the adults.. causing conflict and detriment to the children involved. Sad.