SSDI and Child Support Arrears?

I pay child support out of my SS benefits. My arrears balance kept accumulating even though I wasn't able to work. Can that arrears balance be taken off to the date my application was filed and approved by the state for SSDI?

By Carl

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cybergrannie
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January 31, 20131 found this helpful

Best Answer

Hi - it cannot be stressed enough that each case is sometimes different so no one can advise you but someone at your Social Security office. Go there and ask questions - please.

As a general rule SS/SSI/SSID have nothing to do with child support as child support is a court order and not the US government.
Child support is still owed even if the child/children are receiving SS benefits.

The court can sometimes set it up so that SS benefits can go towards child support but only an attorney can help you with this.
Free Attorney services are usually available for anyone on SSI.

redhatterb

January 29, 20130 found this helpful

Talk to your department of child support enforcement and your Social Security Office. None of us can really advise you.

brownie_37207

November 9, 20130 found this helpful

In my situation I was paying 1,700 a month when employed. After my military service I had undiagnosed PTSD, which presented itself in loss of many jobs assaultive behavior an extended jail time. After diagnoses I was plced on temporary disability. In NYC recieving $155 cash an two hundred food stamps per month while awaiting the veterans admin disability decision. All the while being charged 1,700 a month which I couldnt pay.

So by the time I was awarded my vets benefits my arrears were $70k. My lawyer advised in NYC if living below the poverty level guideline set by the human resoures admin $15k in NY your eligible for the arrears cap initiative. By law they can only charge you 500 a year for each year you can prove you lived below the poverty leval guideline. In my case it alleviated fifty thousand dollars.

schell36

December 7, 20170 found this helpful

This is exactly what happened to me, it took me a full year to find the answers I needed. I did not have money for a lawyer and the legal aid where I live said they didnt handle child support cases. SSDI in most cases do affect your monthly support obligation because the benefit you receive is based on your work credits accumulated over your life. So you earned your benefits where SSI is a program based on your needs and resources. Ssdi can be garnished and a wage attachment will be applied. However, if you get Ssdi then Your qualifying children will also receive a monthly family benefit until they reach 18. That payment is paid to the person who the child lives with and does count towards your child support obligation. If your child gets 200 each month from your family benefit and your support is 400 then its reduced by that 200 and then your new payment would be the 200 difference. In my case my ex recieved 3 times the amount I would have been paying him so it zeroed mine out. But I paid him for one year while he recieved the family benefit because I couldnt find the answers I needed.

Heres the break down, remember every state has different rules on this but most are about the same. You must research your state rules on the subject through domestic relations and not social security. Once you know what the state rules are then you MUST file for a modification to equitably adjust your current monthly payment as well as the lump sum auxiliary benefit that your ex recieved for months that your arrears totaled from. So a good chunk could come off the arrears and monthly payments could be lowered. When figuring out the payment both incomes are added together before they do the math to get their total. My answer is not set in stone, I can only go by my own experience on the subject.
Because my ex never mentioned that lump sum payment, I over paid him by thousands of dollars and domestics told me that he would have to repay me my overpayments. Not all domestic relations are knowledgeable about dealing with the state guidelines because its not something they deal with every day.

Hope my situations helps some!
Good luck

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