Can the entire SSDI back pay be taken for child support in arrears?
Asked Aug 6, 2011, 08:42 PM
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