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    michelleflaten's Avatar
    michelleflaten Posts: 2, Reputation: 1
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    #1

    Jan 31, 2011, 09:43 AM
    I owe Back child Support and Applied for SSI disability. Can They Take my Lump Sum?
    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?
    Jewel_33's Avatar
    Jewel_33 Posts: 4, Reputation: 1
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    #2

    Jan 31, 2011, 10:42 AM
    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.
    michelleflaten's Avatar
    michelleflaten Posts: 2, Reputation: 1
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    #3

    Jan 31, 2011, 05:18 PM
    Comment on Jewel_33's post
    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!
    Jewel_33's Avatar
    Jewel_33 Posts: 4, Reputation: 1
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    #4

    Feb 1, 2011, 06:36 AM
    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.)
    brokenow's Avatar
    brokenow Posts: 1, Reputation: 1
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    #5

    May 10, 2011, 09:28 AM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    May 10, 2011, 10:40 AM
    Quote Originally Posted by brokenow View Post
    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?
    cnora's Avatar
    cnora Posts: 1, Reputation: 1
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    #7

    Jun 8, 2011, 04:45 AM
    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?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jun 8, 2011, 05:44 AM

    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.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #9

    Jun 9, 2011, 03:52 PM
    Quote Originally Posted by michelleflaten View Post
    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.
    jtsarasota's Avatar
    jtsarasota Posts: 1, Reputation: 2
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    #10

    May 30, 2012, 05:47 PM
    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 .
    visink's Avatar
    visink Posts: 18, Reputation: -1
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    #11

    Jun 18, 2012, 11:35 PM
    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.
    visink's Avatar
    visink Posts: 18, Reputation: -1
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    #12

    Jun 18, 2012, 11:46 PM
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Jun 19, 2012, 06:11 AM
    Quote Originally Posted by visink View Post
    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.
    stepmommyblues's Avatar
    stepmommyblues Posts: 3, Reputation: 1
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    #14

    Aug 13, 2012, 04:09 PM
    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.
    stepmommyblues's Avatar
    stepmommyblues Posts: 3, Reputation: 1
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    #15

    Aug 13, 2012, 04:12 PM
    Quote Originally Posted by visink View Post
    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
    visink's Avatar
    visink Posts: 18, Reputation: -1
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    #16

    Aug 13, 2012, 04:13 PM
    Quote Originally Posted by JudyKayTee View Post
    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?
    stepmommyblues's Avatar
    stepmommyblues Posts: 3, Reputation: 1
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    #17

    Aug 13, 2012, 04:14 PM
    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
    visink's Avatar
    visink Posts: 18, Reputation: -1
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    #18

    Aug 13, 2012, 04:24 PM
    Quote Originally Posted by JudyKayTee View Post
    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.
    visink's Avatar
    visink Posts: 18, Reputation: -1
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    #19

    Aug 13, 2012, 04:42 PM
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #20

    Aug 13, 2012, 04:44 PM
    Quote Originally Posted by stepmommyblues View Post
    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?

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