My ex husband began receiving SSDI payment as of March, 2009. He also had not made any child support payments in just as long, with his tax return in 2009 being the most recent payment, and the tax return from the year before that the next most recent payment. He emailed me a few days ago out of the blue to tell me that I should be receiving child support from garnishments on his SSDI checks soon, and that I should apply for SSDI benefits for the kids as his dependants. I did, and the application was approved on the spot, and backdated 12 months. I called my child support enforcement worker in the DA's office (who had previously told me it's not possible to garnish SSDI) and she informed me that in all the cases she has seen like this, it was not legal to receive both forms of payments. I'm worried that she is not giving me accurate information, as she had already told me that the SSDI couldn't be garnished, and now implies that she knew this to not be true. I don't want to do anything illegal, but I want what is due to my kids. How should I handle this situation?

Vida

SSDI benefits can be garnished to enforce child support or alimony obligations, collect unpaid Federal taxes, satisfy Federal income tax liability for the current year, any non tax debt which is due to any other federal agency, and to collect the overdue federal tax debts of the beneficiaries.

If he has dependent children they may be entitled to a child's benefit based on his benefit.
You should have given them the names, social security number, ages and address of all children when you applied. If you did not, you can add it later, it just delays their receipt of the benefits.

But what I am really needing to know now, is this: Can the kids receive both the garnishment that serves as child support andthe dependant benefits? The childe support enforcement case worker says that the benefits would be paid in lieu of the child support.

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Originally Posted by vmmyers

But what I am really needing to know now, is this: Can the kids receive both the garnishment that serves as child support andthe dependant benefits? The childe support enforcement case worker says that the benefits would be paid in lieu of the child support.

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Here in Pa no one can receive both the garnishment and dependent benefits.But if it is a case about back child support , you may receive garnishment for missed payments and also to receive benefits.

Thank you, that is very helpful.

What about in the state of Florida? Can an ex-wife collect both child support as well as SSDI benefits for their child? Or is it one or the other?