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-   -   Child support order for disabled adult children (https://www.askmehelpdesk.com/showthread.php?t=805338)

  • Dec 1, 2014, 10:00 AM
    kellorian
    Child support order for disabled adult children
    I am considered a disabled adult child, I draw ssdi off my retired mother. I have a child support order in Ohio. SSA, has told me they cannot take my child support directly from my check, yet am I by law, required to spend my ssdi check to pay child support? Can they legally force the payment? I have no assets.
  • Dec 1, 2014, 10:16 AM
    cdad
    You are going to need to get a modification. If your income is low enough they may stop all collection of child support.
  • Dec 1, 2014, 10:49 AM
    kellorian
    I live on 824$ monthly, I am court ordered to pay approx 220$ monthly(2 different orders). To rephrase my question: If SSA will not allow the state to touch my ssdi, because I draw from my mother, how then can the state take money that I am awarded from my mother, due to being a disabled adult child?
  • Dec 1, 2014, 12:14 PM
    AK lawyer
    Quote:

    Originally Posted by kellorian View Post
    ... To rephrase my question: If SSA will not allow the state to touch my ssdi, because I draw from my mother, how then can the state take money that I am awarded from my mother, due to being a disabled adult child?

    The Social Security Administration doesn't prohibit the state from touching your SSDI, its simply that the SSDI cannot be garnished. Garnishment is a procedure whereby the court (usually a state court, in the case of child support, as opposed to a federal court) can order someone (a bank, for example) who owes the CS obligor (such as you) to pay the amount owed to the court in satisfaction of the CS debt. The SSA is not required to (nor may it) to obey a court garnishment writ.

    If you deposit your SSDI in a bank account, that money when in the bank could be garnished. You still can be held in contempt of court if you fail to pay your child support obligation.

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