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    GGinVegas's Avatar
    GGinVegas Posts: 1, Reputation: 1
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    #1

    Jun 7, 2011, 02:59 PM
    Child support garnishment of SSSD/SSI Benefits
    I am blind, disabled, and have a child support case that is from the 80's appx. 17k owed. Friend of the court in MI. is taking all but $227 a month. Can they do that?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #2

    Jun 23, 2011, 08:06 AM
    Yes, you can be garnished for back child support, and Tthey can take however much is allowed by your state guidelines.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Jun 23, 2011, 01:14 PM
    Quote Originally Posted by GGinVegas View Post
    I am blind, disabled, and have a child support case that is from the 80's appx. 17k owed. Friend of the court in MI. is taking all but $227 a month. Can they do that?
    Which is it that you are receiving because the rules are different as to which one you are actually collecting. Is it SSD ro SSI ?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Jun 23, 2011, 01:16 PM
    Quote Originally Posted by kcomissiong View Post
    Yes, you can be garnished for back child support, and Tthey can take however much is allowed by your state guidelines.
    This statement isn't exactly true at all. They can only take to the federal level and that's all. Some state guidelines don't meet the federal standards as they get money on money collected and they don't bother to check against what the federal standard is the just assume authority and take it. States can not just do what they want.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #5

    Jun 23, 2011, 01:42 PM
    True... from what I have read, largest percent that can be garnished is 65% of an individuals earnings. Califdad, is this percentage consistent with your information as well?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Jun 23, 2011, 03:45 PM
    Quote Originally Posted by kcomissiong View Post
    True...from what I have read, largest percent that can be garnished is 65% of an individuals earnings. Califdad, is this percentage consistent with your information as well?
    Yes and no. There is also a cut off point where they can't take it. Mostly it depends on the poverty line for your situation. They aren't allowed by law to do so and the 65% is only for cases that are in arrears. In most cases the maximum without arrears is 50% of gross. States always try to push over that boundary. Also in the case os SSI and SDI its treated differently. I can't imagine trying to survive on what the op is getting monthly in any real way.
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