SSDI vs Child Support arrearages

[juleihowell]

I know there are a lot of posts similar to this but I still can't find a clear answer. Ok, here's the basics. My ex is court ordered to pay child support. His arrears are in excess of $14,000. He has made no attempt to pay a dime on this amount & has made only 1 cs pyment & that was a few years back when the judge told him he would go to jail right then if he didn't. He magically produced the money to pay to avoid jailtime. Fast forward nearly 5 years. He has now been approved for SSDI. He is getting 5yrs worth of bkpay. I have signed up for & been approved for each child to get $175 per month aux. benefits. Here's the big one, he is taking me to court to try & say that the backpay my kids are receiving (just under $5000 ea) should replace most/all of the cs arrearages he owes. From what I have read cs is considered a judgment & fed law prohibits the use of a childs aux benefits being used to satisfy a judgment of any kind. So do I need to hire an attorney to make sure the support is taken from his backpay rather than the kids backpay or is this an impossibility as it seems to be against federal law. Please help me, I've done hours & hours of research for mnths now & cannot find an answer. Thank you!!

 

[army judge]

Here's your answer:

http://www.disabilitysecrets.com/can-disability-benefits-be-taken-for-child-support.html

Yes, SSDI can be attached, in percentages.

SSI is considered welfare, so it's untouchable.

I think it's 15% MAX, it could be more.

He can resist it, and that will delay it.

You can agree on a settlement, and an attorney COUKD help by removing emotion.

Or, contact your state's child support collection agency.

They will help for a meager fee.

 

[Proserpina]

I know there are a lot of posts similar to this but I still can't find a clear answer. Ok, here's the basics. My ex is court ordered to pay child support. His arrears are in excess of $14,000. He has made no attempt to pay a dime on this amount & has made only 1 cs pyment & that was a few years back when the judge told him he would go to jail right then if he didn't. He magically produced the money to pay to avoid jailtime. Fast forward nearly 5 years. He has now been approved for SSDI. He is getting 5yrs worth of bkpay. I have signed up for & been approved for each child to get $175 per month aux. benefits. Here's the big one, he is taking me to court to try & say that the backpay my kids are receiving (just under $5000 ea) should replace most/all of the cs arrearages he owes. From what I have read cs is considered a judgment & fed law prohibits the use of a childs aux benefits being used to satisfy a judgment of any kind. So do I need to hire an attorney to make sure the support is taken from his backpay rather than the kids backpay or is this an impossibility as it seems to be against federal law. Please help me, I've done hours & hours of research for mnths now & cannot find an answer. Thank you!!

It is actually very, very common for SSDI dependent benefits to be deemed "in lieu" of child support and/or arrears payments.

Think about it - there's only so much blood you can squeeze out of a stone.