Can ex freeze disability back pay for child support

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rgiernet

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3 years ago my ex and I agreed on 400 per month for child support for my 2 children. Currently he is 2 years behind and owes the state of MN $9200 to get caught up. He was just recently approved for disability benefits and the backpay totals about 7000 dollars. My child support case is being handled by my worker with Mille Lacs county and she has sent all the court ordered paperwork to the SS office and they are aware of his debt to the state and plan on garnishing that amount. It would first go to the state and then get sent to me from them. My ex husband is threatening that if I do not agree to send him at least 3500 dollars when I get the money that he will hire an attorney immediately and be able to get a freeze put on the backpay so that i will not get anything until a judge re-evaluates the child support amount. He feels that since he has been disabled for the last 2 yrs that a judge will take that into consideration and probably lower the amount he owes me since he coundn't work for the last 2 years. My question is......can a judge stop that money from paying out, do I have any reason to think that an attorney or anyone else can prevent this court ordered support from getting paid. I'm panicking right now and could use a little reassurance as soon as possible. Please help. Thanks so much!!!
 
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Should he get a court date and attempt to lower his payments, I am not so certin that a judge would allow this to be retroactive. I would argue that it was his responsability at the time of his becoming disabled to have gone to court at that time and ask for a reduction in CS. You asked if the judge could stop the money from being paid out.......Yes, a judge can do that, and a judge may order the money frozen until a hearing, but then disburse the funds after. also.......how would he know when you recieve the money? I know he will find out eventually, but if you get a check, and cash it just put the money in your pocket.....can't freeze a pocket....lol

Good luck
Gary
 
I believe disability benefits are exempt from such things. If you let them take it, I'm sure the money hungry sob's would do it. It's Getting bad when we have to steal from someone with a disability for god's sake.

Not talking about you poster, just the system. His shyster is proabably right. If he goes to court, I don't think they can use DB for income, as it isn't income. So, it would be based on what you make, and what little income he has comming in.

As far as the back support, he's sol, he owes it, no matter what he has now, he owed it before, his responsability is has not ended.
 
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