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    submerged's Avatar
    submerged Posts: 3, Reputation: 1
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    #1

    Aug 16, 2010, 11:20 AM
    Ssdi and garnishments
    If the law says only any money above 750.00 can be garnished from ssdi. Why are garnishments of 75% being taken by child support? And at the same time IRS garnishments? Leaving a disabled person without means to survive.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 16, 2010, 11:43 AM
    Quote Originally Posted by submerged View Post
    If the law says only any money above 750.00 can be garnished from ssdi. why are garnishments of 75% being taken by child support? And at the same time IRS garnishments? Leaving a disabled person without means to survive.


    Would you please post the "law" that says only money above $750 can be garnished from SSDI? I cannot locate it.

    Are you talking about past due support, current support, both?

    And, yes, IRS can collect from SSDI. Have you explained the situation to IRS and tried to agree on a payment plan?
    submerged's Avatar
    submerged Posts: 3, Reputation: 1
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    #3

    Aug 16, 2010, 02:51 PM
    Quote Originally Posted by JudyKayTee View Post
    Would you please post the "law" that says only money above $750 can be garnished from SSDI? I cannot locate it.

    Are you talking about past due support, current support, both?

    And, yes, IRS can collect from SSDI. Have you explained the situation to IRS and tried to agree on a payment plan?
    I Just saw that referred to in an earlier post. I am still trying to find out myself if this is true. It was more a question than a statement. I am confused as to why an agency is able to devastate a disabled person and not even give the person a fighting chance to survive? Myself? I am having to survive on 296. Dollars a month. Due to garnishments by child support and the IRS. By the way? What happened to reason? There are people in worse shape, but I am with them now. Nobody will help. We just get the run around and are not heard. I apologize for any misunderstanding.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 17, 2010, 07:32 AM

    I'll answer a question with another question - how did the child support arrearages get unmanageable? Did you go back to Court to get a reduction when your income dropped?

    I don't know how people survive but you are not the only person who is having problems with SS and SSD. The best way to get an answer is to call SS directly and ask them, giving SS numbers, any other info you have. It appears that, despite whatever the law is or isn't, the circumstances do change somewhat.

    I also know that IRS will work out a payment arrangement.
    submerged's Avatar
    submerged Posts: 3, Reputation: 1
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    #5

    Aug 18, 2010, 08:53 AM
    To answer those questions, Child support agencies do not consider weather or not you lose a job or your income drops. I was told by an attorney that he could not get it reduced? And SS just tells us that they don't have anything to do with it. They just see an order from a court and allow the garnishment. And how is one to obtain an attorney when your already destitute? These agencies know we cannot get help and it is my opinion they are using that to there own ends. Regardless of the position we are left in. Myself? I am now after becoming disabled paying more than I was when I was working. How could this happen? I think my prior statements answer that. And as for the IRS? In my situation, all it is is not filing some past years. I paid when I worked and they owed me in those years but just hit me with a fine for not filing a few weeks before the statute of limitations ran out and after the new amendment to the Constitution. And just garnished away at the disability. I did not even know who was garnishing my check until it was already done and I had to call and find out. Calling SS will get you nowhere. They are just the messenger so to speak. There own words to me. And this interest on child support is outrageous. That is how people get into trouble in arrears also. I went to a child support office to find out how much was paid and owed and was refused any of my paperwork showing there claim of what was owed and actually threatened when I insisted. No, I am not the only one. But being that the courts and the agencies and others have hands that don't know what the other is doing we all are being put in positions that are not resolved. Also there unwilling attitudes to do what is right is a hindering our ability to level the field. I do not believe that disabled and senior citizens or anyone for that matter be relieved of there ability to survive by anyone. We have paid this money into the kitty working hard our lifetimes and are scuttled in the end. Sounds like a political debate, but this is very serious.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 18, 2010, 09:49 AM

    Child support agencies don't set support they just collect it. All states allow the NCP to apply for a reduction when there is a change in circumstances. So if you did consult an attorney he gave you incorrect info.

    You seem to be going by a lot of incorrect info. For example the last amendment to the Constitution was in 1992 and that referred to Congressional salaries.

    And yes dealing with bureaucracies can be frustrating, but if you do your research correctly and go in with correct info and ask the right questions in the right way you can persevere.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Aug 19, 2010, 07:19 AM

    Your Attorney is WRONG about getting ongoing child support reduced. It happens all the time. If he/she is addressing arrearages, he/she is correct - they cannot be reduced.

    Don't call SS. Make an appointment (if you want to see the paperwork), make an appointment and go into the office. As Scott said, they truly are only the messenger. SS doesn't set child support.

    "All" your problem with IRS is that you didn't file returns for a "few" years? I think that's a big problem.

    It sounds like you allowed the situation to get out of control and now you are complaining about it, blaming the Government. Your research seems pretty much off - particularly your reference to an amendment to the Constitution.

    Otherwise this is a blog.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #8

    Aug 20, 2010, 03:34 PM

    If you wish to stop paying child support altogether have you signed your kids up to get their OWN SSD check based upon what you get? This way you won't have their child support taken out of your check as they will be receiving their own.

    Go down to the SS Office in person with the kid's identification and sign them up to get their own checks.

    In this country that's one way of getting out from under the child support problem.

    Have you ever signed your kids up? If not, do it now. It won't take care of any arrearages but it will address the future payments.

    The IRS can't be side stepped. But you could try to negotiate a lower amount. Have you tried?

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