Social Security Took Back Pay for child support that was never owed

[Guest]

Hopefully someone will have some advice and be able to help.

My husband received documentation from the local Child Support Office in February 2013 stating his child support case was being closed because of change of custody. It also stated that no support was owed in arrears when the case was closed.

Fast forward to present day. My husband still has no child support order and still owes nothing.

He recently was awarded Social Security Disability and was also awarded a large amount in back pay from Social Security. We thought everything was set until a few days ago when he received a letter from Social Security stating that they withheld more than half of his back pay because they had a garnishment order from Child Support saying he owed support. We went to the local Child Support office to question this and we were told that it must be an error and that their system showed he did not owe anything and his case has been closed for 2 years. Social Security is still refusing to give him that portion of his back pay he is owed. They keep insisting he owes Child Support even though the Child Support office says he does not.

What should we do?

 

[army judge]

If a person receives SSI, her or his benefits cannot be garnished to make child support payments.
If a person receives SSDI and the court has issued an order for her or him to pay child support (or alimony), her or his benefits can be garnished to satisfy the legal obligation that attaches from such an order.

Could it be that the current holder of custody has come after your hubby for child support?
Was the child born while your hubby was married to another woman?
If not, was paternity ever established by your husband?
Has there ever been a court order declaring your hubby pay XXX dollars in custody?
If so, you start with that order.
Was custody and child support determined as part of a divorce decree?

Did any of the above transpire in a state outside of Maryland?


It might be time to write to your US congressperson, and your two US senators.
Elected federal officials are very adept and eager to assist their constituents with issues that negatively impact citizens.
In your letter (or email, you can find a link to your elected officials email addresses by searching the 'net) you explain your problem, then attach your proof, and additional contact details.
Who knows, the attachment order for his SS benefits might have been for another state.
So, it might behoove you to see if there are other children he has sired, or if the original person may have moved to another state.

MD expands on traditional child support with these caveats:

Maryland law requires continuation of child support payments for children who turn 18 while still enrolled in high school.

The court can order a parent to pay for his or her children's college expenses as child support if an agreement has been made by the parents and the agreement is incorporated into a court order.

You indicate you reside in Maryland.

These links discuss child support in MD:

http://www.dhr.state.md.us/blog/?page_id=10276

http://www.peoples-law.org/legal-overview-child-support

 

[ElleMD]

Has he asked the SSA what documentation they require? If there is a court issued garnishment floating out there, he will need to get that resolved first. Contact the court which issued the order and ask what needs to be done to get it dismissed.