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    tommyt622's Avatar
    tommyt622 Posts: 8, Reputation: 1
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    #1

    Dec 16, 2008, 12:53 PM
    MN social security back payment and child support arrearages
    I live in MN , and I know C.S. can take S.S. Disabiltiy back payments, but is there a limit to how how much? And do I have options ,as I have depts to pay from the same time .
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Dec 16, 2008, 01:10 PM

    Not sure for Mn but CSE can get up to 60%
    tommyt622's Avatar
    tommyt622 Posts: 8, Reputation: 1
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    #3

    Dec 18, 2008, 03:19 PM

    Is there anyone who know's MN law regarding my question?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Dec 18, 2008, 03:44 PM
    Quote Originally Posted by tommyt622 View Post
    I live in MN , and i know C.S. can take S.S. Disabiltiy back payments, but is there a limit to how how much? and do i have options ,as i have depts to pay from the same time period .

    I read it as (Statute 550.136/551.06) 25% of your income for ongoing support. It further indicates that back support becomes an automatic Judgment. I also note that your drivers license can be suspended.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Dec 19, 2008, 10:47 PM
    Quote Originally Posted by JudyKayTee View Post
    I read it as (Statute 550.136/551.06) 25% of your income for ongoing support. It further indicates that back support becomes an automatic Judgment. I also note that your drivers license can be suspended.
    550.136
    Limitation on levy on earnings.

    (a) Unless the judgment is for child support, the maximum part of the aggregate disposable earnings of an individual for any pay period subjected to an execution levy may not exceed the lesser of:

    (1) 25 percent of the judgment debtor's disposable earnings(b) If the judgment is for child support, the levy may not exceed:

    (1) 50 percent of the judgment debtor's disposable income, if the judgment debtor is supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be calculated to the beginning of the work week in which the execution levy is received);

    (2) 55 percent of the judgment debtor's disposable income, if the judgment debtor is supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be calculated to the beginning of the work week in which the execution levy is received);

    (3) 60 percent of the judgment debtor's disposable income, if the judgment debtor is not supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be calculated to the beginning of the work week in which the execution levy is received); or

    (4) 65 percent of the judgment debtor's disposable income, if the judgment debtor is not supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be calculated to the beginning of the work week in which the execution levy is received).

    Execution levies under this section on judgments for child support are effective until the judgments are satisfied if the judgment creditor is a county and the employer is notified by the county when the judgment is satisfied.

    (c) No court may make, execute, or enforce an order or any process in violation of this section.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #6

    Dec 21, 2008, 04:26 PM

    tommyt622 agrees: It's accurate, however it still doesn't answer my question about s.s.d. back payment in relation to C.S. arrearages

    Yes, and no one can answer you having bit information only.
    MN:
    GARNISHMENT EXEMPTION: 75% of earnings or amount equal to 40 times the federal minimum hourly wage, whichever is greater.
    STATUTE OF LIMITATIONS ON ENFORCEMENT: Domestic Judgment: 10 years

    The limits on garnishing Social Security for back child support are the same as for a regular employment income.

    The federal minimum wage for covered nonexempt employees is $6.55 per hour effective July 24, 2008.In MN it is $5.25
    It depends on how much $ is your SSB. For example-if I receive $10,000 a month as SSB CSE will garnish S 6,500.

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