[mommy2012]

My sons father just recently got approved for disability he owes 11,000 in back child support.will that back child support be paid out of his checks?

[jkb1961]

Mommy2012 yes your back child support will be paid off his disability check. SS makes sure that all back pay of child support is paid back before your sons father get his full check! I do know this because my husband and I moved my disable vet brother in with us 4 years ago and it has taken him all this time to pay my sister-in-law back.I am so happy that they set it up for her because she was owed that money for many years! December was the first time he got his full check, all back pay has been paid in full! Good Luck!

[Schoolmarm97]

If you're talking about SSDI payments for disability, you cannot attach those payments. In other words, you can't put a lien against them. If it's disability insurance, you'd have to check with a lawyer. Personally, I'd let a lawyer handle the whole thing. The back child support is a debt he technically has to pay, but since you can't put a lien against his disability income, you may not be any better off than if he were unemployed.

[kcomissiong]

SSDI CAN be garnished for child support payments, and can be deducted from his check up to the statutory maximum.

[Schoolmarm97]

Thanks for the correction. I just went through a case with someone who skated out of her debt because at least here, SSDI cannot be garnished. There must be differences between the types of garnishment.

[kcomissiong]

SSDI cannot be garnished for consumer or medical debt. Things like child support, student loans, or tax debt do not fall into those categories and can be taken from SSDI. SSI however, cannot be garnished.