11-27-2012, 03:49 PM #1
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Can Child support take all it's back pay from my back pay from SSD
Jurisdiction / State: Arizona
I have recently been approved for SSD and am awaiting my back payment from the time I became disabled when I became disabled I fell behind on my child support how much child support back pay can they take out of the back pay SSD is giving me and also I still owe the same amount every month child support payment as when I was working what how can I get that lowered
11-27-2012, 04:07 PM #2
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Did you know the Arizona Division of Child Support Enforcement (DCSE) offers a settlement program that may provide a “helping hand” with paying off past-due child support?
When life changing events occur, non-custodial parents may end up owing both current and past-due child support. There are times when a Non-Custodial Parent (NCP) may be unable to pay child support and end up with a past-due balance. For example, there may be a job loss due to a change in the economy or a reduction in work hours. The NCP may have been incarcerated.
If you currently owe on past-due child support you may be eligible to participate in the Settlement Program. If you are interested in discussing a settlement, please contact a DCSE representative by:
1. Stopping into one of our local offices, or
2. Calling our Customer Service Center at (602) 252-4045, or toll-free at (800) 882-4151
Why settle an arrears balance?
Past-due support may include amounts owed to the Custodial Parent (CP), the State of Arizona, or to both. The Settlement Program may provide the NCP with an opportunity to pay off past-due child support. Additionally, a settlement may provide the CP with a lump sum for the arrears owed on the case. Some of the advantages to settling an outstanding arrears balance may include the following:
NCP may become current on the monthly child support obligation
CP and children are assisted by receiving a lump sum for the arrears balance
The following may be stopped: Interest accruing on the arrears, credit bureau reporting, and/or income tax intercepts
Opportunity for case closure
Modification of wage withholdings
Frequently Asked Questions about the Settlement Program
What is the Settlement Program?
The Division of Child Support Enforcement (DCSE) started the Settlement Program to assist Arizona families and parents with the burden of a large arrears balance by providing an opportunity to pay off past-due support. The State’s role is not to advocate the amount of the settlement, but rather, to facilitate whatever offer that is appropriate for the State and the parties of the case. Participation in the Settlement Program is a voluntary program for the NCP, CP, and the State.
My wages are being withheld; will a settlement offer stop the withholding?
The wage withholding may be stopped by DCSE if the case is an arrears only case and there is no current support obligation accruing. The wage withholding may be changed to current support only if the current child support obligation is being paid.
What happens with credit reporting when my settlement offer is completed?
If there is still an active Arizona child support order after a settlement payment, the case will continue to be reported to the credit reporting agencies. If a case is closed due to a settlement payment, the case will be reported to the reporting agencies as closed.
Can my Child Support payment be withheld from my Social Security benefits?
Yes they can.
Here is your state's child support website:https://www.azdes.gov/main.aspx?menu=24&id=6413
I suggest you speak with someone at the state agency for specific answer such as amounts, percentages, etc...
Under Federal Law, Section 207 of the Social Security Act (42 U.S.C. 407) protects social security benefits from assignment levy, or garnishment. However, the law provides five exceptions. The first one (shown below) deals with child support.
Section 459 of the Act (42 U.S.C. 659) allows Socials Security benefits to be garnished to enforce child support and/or alimony obligations.
Social security benefits can be received by your MINOR child for which you have a child support obligation.
If that happens, your child support obligation can be reduced, or maybe eliminated.
Remember though, if the child is receiving benefits based on the Non-Custodial Parents disability or retirement, it may in some cases reduce the amount of money the Non-Custodial Parent is required to pay.
As far as past due child support, that will continue to be a problem.
I’m paying child support, and my child is receiving Social Security benefits based on my disability or retirement. Does that reduce the amount of child support I have to pay?
In some cases it does reduce the amount of your child support payment. The Arizona Child Support Guidelines, adopted by the Arizona Supreme Court in 2005, address this.
“Benefits, such as Social Security Disability or Insurance, received by a custodial parent on behalf of a child, as a result of contribution made by the parent paying child support shall be credited as follows:
If the amount of the child’s benefit for a given month is equal to or greater than the paying parent’s child support obligation, then that parent’s obligation is satisfied.
Any benefit received by the child for a given month in excess of the child support obligation shall not be treated as an arrearage payment nor as a credit toward future child support payment.
If the amount of the child’s benefit for a given month is less than the parent’s child support obligation, the parent shall pay the difference unless the court, in it’s discretion, modifies the child support order to equal the benefits being received at that time.
If the Non-Custodial parent is receiving Social Security benefits, can my children receive benefits?
If a parent is receiving Social Security benefits, a dependent child may qualify to receive benefits as well. An eligible child can be a biological child, adopted child, or stepchild. A dependent grandchild may qualify as well.
If you believe you have a child who is eligible you should contact your local Social Security office, or visit Social Security Online.
Last edited by army judge; 11-27-2012 at 04:09 PM.
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