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Child support and SSDI


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Hi,

I'm trying to find out what my obligations to pay child support while receiving SSDI. THeir site is crap. The 800 number is crap. ;) I don't mind paying, I just need to know what the rules are and how they do it, if they do it at all.

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  • 2 weeks later...

You know, that's a good question.

I have wondered that myself, and I don't know the answer to that question.

It might be depend if you have SSI as well as SSDI, in addition to having other assets.

The real question is: What to do---do you simply stop paying child support because you cannot afford it and let the courts come after you? I mean, you have shown that your disability prevents you from working.

As far as garnishments go, I am not sure if the courts can garnish SSDI (federal benefits) for payment of child support). That would be a good question to ask an attorney.

I do know that bank accounts can be garnished (in theory, the bank is not supposed to fork over the money if the bank knows that the money is strictly from SSDI/SSI payments, but I wouldn't expect the bank to keep track of that). I do know that if you get "direct deposit" into a (checking account, or savings account) of Social Security benefits, and you receive notice that this account is subject to garnishment, you simply call the SSA at 1-800-772-1213 and speak to a representative, giving them your full information about yourself and the account, and they will convert your benefit payments to regular checks in the mail.

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According to the following web site:

http://www.disabilitysecrets.com/can-disab...ld-support.html

SSDI benefits can be taken for child support----including monthly benefits (as well as backpay). However,

SSI (Supplemental Security Income)---benefits from the state----cannot be taken for child support.

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The issue remains---you do have an obligation to pay child support. Of course, perhaps you "can't" because you are unable to work, and you need SSDI and/or SSI in order to live.

However, if you do not meet your child support obligations, and the other parent (who is owed alimony from you) of your child pursues the matter, the court might garnish your SSDI income. However, the court might not garnish ALL of your SSDI income---maybe only a certain percentage. I don't know how these cases are usuallly handled.

It's probably a case-by-case basis and depends on circumstances.

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However, if you do not meet your child support obligations, and the other parent (who is owed alimony from you) of your child pursues the matter, the court might garnish your SSDI income. However, the court might not garnish ALL of your SSDI income---maybe only a certain percentage. I don't know how these cases are usuallly handled.

Firstly, the garnishment would likely be 25% or less--in Montana, courts allow garnishment for 25% of, I believe, gross wages/income. (Yes, I've been there...) However, I believe ALL moneis in your bank accounts can be seized if a court allows it. And no, they don't tell you. (Also, my bank charges $25 for the "pleasure" of having any funds seized...)

Note that I only speak from the standpoint of having owed some serious bank to people who really wanted to get paid--well, I suppose child support would count as that too! However, child support cases and deadbeats like me are two different things. I'd figure they may take the child support pretty seriously though...

Finally: since you're on a reduced income, can you also petition for decreased support? I mean, it's obvious you can't get a second job or aything...

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Thanks for your help, guys.

It turns our that my daughter also gets a benefit, roughly half of mine. One ORS (local child support) person said the support would be deducted from that, and at the lowest possible rate. Of course another ORS person said it comes from and is calculated by my SSDI benefit. Guess we'll see. I have to look up the Utah code now. crap.

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