[colonjaime20]

Can a child support judgement for arrears be collected from ssdi retro pay

[JudyKayTee]

The Law is not clear. Social Security has taken the position that SSDI (Social Security Disability Income) is based on earnings and, therefore, arrearages can be deducted and forwarded to the custodial parent.

Check with your SS office.

[colonjaime20]

Need specific answer to my question, which last answer given was not . Again, can a restraining order for a judgement of past due arrears collect from the 64k lump sum I recvd retro since found to be eligible for ssdi. I have researched n.y. cvp. Law section 52222, which is clearly stated as restraining notice applicable law. It states that disability benefits are exempt under sections 5222a, 5239 and 5240. Am I interpreting correctly and which would be the correct answer?

[ScottGem]

I can't find the code sections you mentioned, can you provide a link?

Was your lump sum payment attached? If so, its likely it was legal since the agency issuing the payment allowed it. Under most conditions SSI and SSDI are exempt from attachment. Child support and student loans are among the few exceptions.

P.S. please don't start a new thread for a follow-up question. I've merged your threads for you. Please use the Answer This Question options to post a follow-up.

[JudyKayTee]

How about this - "Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations; ..."

I don't know why you are researching State law if you are asking about Federal SS benefits. The links you provided are not working and I cannot find any section of NY law which would control SS payments.

Again - the law is not clear and it varies from case to case. Ask SS. That's why they have customer reps. The rep will give you the law and the various citations.

[cdad]

Need specific answer to my question, which last answer given was not . Again, can a restraining order for a judgement of past due arrears collect from the 64k lump sum I recvd retro since found to be eligible for ssdi. I have researched n.y. cvp. law section 52222, which is clearly stated as restraining notice applicable law. It states that disability benefits are exempt under sections 5222a, 5239 and 5240. Am i interpreting correctly and which would be the correct answer??

I agree with Judy. The law as your reading it applies only to state benefits and not to federal ones. In this case the SSDI qualifies as "federal" benefits. Also have you applied for the children to receive benefits also if they are or were under 21 at the time you have applied for disability benefits?

[colonjaime20]

Family court handles all proceedings regarding child support, therefore there is no reason to look-up federal law or any other. Restraining notice clearly states that it is pursuant to ny cvp law & rules, Section 5222 for child support debt. Please no personal opinions or refer to attny. I have posted this question hoping that someone would have the needed knowledge to properly answer my question

[cdad]

There was no need to start a new thread. As the law reads and I quote.

YOU MAY BE ABLE TO GET YOUR MONEY BACK
State and federal laws prevent certain money or property from being
taken to satisfy judgments or orders. Such money or property is said to
be "exempt". The following is a partial list of money which may be
exempt:
1. Supplemental security income, (SSI);
2. Social security;
3. Public assistance (welfare);
4. Spousal support, maintenance (alimony) or child support;
5. Unemployment benefits;
6. Disability benefits;
7. Workers' compensation benefits;
8. Public or private pensions;
9. Veterans benefits;
10. Ninety percent of your wages or salary earned in the last sixty
days;

Ref:
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$CVP5222$$ @TXCVP05222+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=413 27340+&TARGET=VIEW

So the FEDERAL LAW suprerceeds the state law in this case. That is why you have to deal with federal law. That IS a direct quote from 5222.

[cdad]

All N.Y. laws here for those interested in the link to it.

Ref:

Laws of New York

[JudyKayTee]

State law is secondary to Federal; I have never seen a support order of any sort address the possibility/eventuality of the non-custodial parent qualifying for SS payments of any sort.

Again - Federal Law prevails.

This is not a "child support proceeding." This is ENFORCEMENT of a child support order.

[ScottGem]

Please no personal opinions or refer to attny. I have posted this question hoping that someone would have the needed knowledge to properly answer my question

Several points to make here:
1) Again, please do not start a new thread, all follow-up questions should be posted as answers to this thread
2) Please do not presume to dictate who should respond to your post or how. Once you post a question you open it to anyone who wants to respond as long as they stay within the rules of this site. If you don't like an answer you are free to ignore it
3) None of the answers you received are personal opinions. They have all been given according to the law.
4) you have been asked for some additional info to help us answer you, yet you have not provided such info.

Now let me sum up how I see this. You received a lump sum SSDI award from which the government took some (or all) of it to pay child support arrears that you owed. You are trying to get this attachment overturned to get back your money. To justify overturning this you are hanging your hat on Section 5222 of NYS law. But you have been told, along with specific cites, that federal law allows the attachment and that federal law supercedes state law in this matter. This was not opinion, but based on the existing statutes. Therefore, it would appear that your question HAS been answered and authoritatively.

[colonjaime20]

I have read the same partial list of money which "MAY" be exempt, as noted in ny cvp law ny code section 5222, which is the section listed on the restraining order. But yet pg. 2-2, under special instructions, states that the only exemptions are SSI, public assistance, spousal support or child support payments. All the other exemptions which are listed in sec.5222 are not included. My present ssdi is being garnished for my present monthly obligation for child support. Is it possible, or can someone confirm, that retro ssdi payments (lump sum) not be exempt from the restraining order issued for payment of arrears?? The mother of my child also recvd a lump sum for my child. Will this lump sum cover my arrears??

[JudyKayTee]

I read this somewhere - ""Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations; ..."

When the lump sum payment was sent to the custodial parent what was the explanation - did it expressly say that it was in partial payment of arrears, total payment of arrears, something else?

[colonjaime20]

P.S. Lump sum was electronically deposited to my chase bank acct. which is now frozen and funds to be withdrawn to satisfy the restraining order.

[ScottGem]

If your current payments are being garnished what makes you think the lump sum retro payment would be exempt? I believe that we have answered your question about it being exempt.

As for the sum the mother received from SS for the child, that was a payment the child was entitled to due to your disability. It has nothing to do with your support arrears.

[ScottGem]

P.S. Lump sum was electronically deposited to my chase bank acct. which is now frozen and funds to be withdrawn to satisfy the restraining order.

Ok, this presents a slightly different story. We have assumed here, based on your postings, that the support payments were deducted from the lump sum payment. Now you are explaining (as you should have from the beginning) that the deduction was not made from the payment but rather
That it was deposited to your bank account then frozen.

However, I don't think that changes anything. In fact I think it makes it more likely the deduction will be upheld. You can try petitioning the court to unfreeze your funds based on them being exempt. But my educated guess is that the court will rule for the welfare of the child and allow the payments to go towards the arrears.

[colonjaime20]

One other major complication. The lump sum(64k) was deposited to my acct. on 2/23/10. I withdrew it on 3/08/10 in the form of a cashiers check. I than returned on 4/19/10 and the bank issued me a check for 54k, gave me (2) addt'l cashiers check payable to BOA and AE. The remainder in cash. On 5/12 chase recvd the judgement and advised me on 5/19 that a hold was placed on my acct for child support. Since than I was unable to cash the check because chase required the check to be deposited for funds to be avail. The following day. Of course I am unable to do this because my acct. is frozen. On 6/26 I went to chase to have the "payable to" changed in order to be able to deposit in my sons bank acct. Unbelievable but true, they told me that a stop payment had been placed on my check. Is this legal?? And if so, how??

[ScottGem]

See my previous answer #16.

[colonjaime20]

What about the bank placing a stop payment on the cashiers check I had purchased prior to a hold being placed on my acct.? I was under the assumption that the cashiers check was paid for by me, is my property and the bank has no interest in it since a complete payment was made, which completed the transaction??

[colonjaime20]

I have petitioned the court since 2006,and yrly thereafter of my inability to work. The court would request proof to which I answered that I was awaiting a decision from ssdi. In march when I recvd my benefits award letter I went to court and presented it. Would this clear my arrears since they were adding up based upon my ability to work and based on an income which I was not earning. My x did not appear in court and I have to return 9/10