My children's father owes me about $50000 in back child support payments. He just won a social security disability case and will get a lump sum. I was told that no one can make him pay child support with his lump sum. Can anyone tell me how I can make him pay?
Pam from Georgia
It is my understanding that when a parent collects disability, each of that person's children is also eligible to collect SS disability payments, too. You may already know this. But I'm not sure about the catching up part. Good luck.
Editor's Note: It might be worth calling the SS office to check, but his children should be getting their own benefit, as well as, possible back pay and if you are their guardian, you will be the trustee. (03/25/2007)
By Ariela
I would check with the attorney general in your state. Many states will attach the bread winner's pay. Or maybe you could check with a legal service. Most states have such a service for folks who can not pay an attorney. (03/26/2007)
By Deanj
The child support bureau, the court system in your area needs to be made aware of his lump sum, and the SS office needs to be made aware that he is behind in child support. ASAP. Your kids are entitled to their portion. I went thru a similar situation and my childrens' portion was taken out before my ex ever received his. Unbeknown to him (not a happy camper was he, but oh well). Good luck with this and hang in there and be persistent. You might also try Legal Aid in your area for help. (03/26/2007)
By Jule
You need to contact the district attorney in your county because they have a unit for child support recovery. They will know what to do. I would act quickly.
By clh
There is a mix up in what kind of payments being received by the other parent. If he/she is collecting SSI disability then child support will not enforce payments to the other parent, not saying that is is not still owed.
Now if the parents had worked, and had started collecting Social Security for whatever reason then yes, the child(ren) would be granted a portion monthly. (05/16/2008)
By Lamb
No, No and No. If your ex is due a lump sum amount of monies from Social Security the local CSEA can place a holder on that money and it will be sent directly to the CSEA for the children. I know this because in Butler County, Ohio I have this holder on my childrens' father.
(01/14/2009)
By Angela
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There are a few different types of social security. Social security supplemental income is a monthly amount for people who never paid into social security. It's considered a form of welfare because tax payers fund it. That form of ss cannot be garnished because your child's father didn't earn it himself. Ssdi is for people who worked enough credits and became disabled causing them to be unemployable. A portion can be garnished. Social security retirement benefits can be garnished. So if he worked on the books steadily and then qualified for social security disability it should get red flagged for garnishment. If he got approved for disability but never worked much during his life then you cannot have his monthly amount garnished
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