SSI and Child Support?

cybergrannie
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June 7, 20180 found this helpful

There is SSI and SSDI and there is a world of difference in the two programs. (There is no SSD.)

• You say that SS has stopped your child support so does that mean that their father was paying child support through a court order in the past?
• First - if their father is granted SSI then the letter is correct in that child support cannot be taken out of the SSI benefit that he receives. This does not change from state to state - it is valid in the US.
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• If you received a letter from the SSA about child support then it most likely means his claim has been approved.
• The most important thing that you can do is to go to the Social Security Administration office ASAP and present the letter so they can tell you officially where you stand. (You will not be able to draw any support money if his SSI was approved.)
• If he has been awarded SSDI then that is an entirely different story so you have to be SURE of what his benefit claim is (SSI or SSDI).
• Also, if he is behind in support payments then you may be able to receive a portion of whatever back payment check they award him (SSI or SSDI).
• If he has been waiting for 9 months then he will receive a check that will cover all of the months since he filled his claim.
• You may be entitled to receive a portion of this check for any unpaid child support but you have to act fast to claim it.
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• If he already has the check (and cashed it) you may not be able to receive any of this money as the SSA will not help you recover any money after the check has been mailed and cashed.

Please go in person as SSA will not do anything over the telephone and this has to be done soon.

cybergrannie
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June 7, 20180 found this helpful

I forgot to add this information:

Can Disability Payments Be Garnished?
Whether or not your disability payments can be garnished depends on which type of disability benefits you receive and whether or not your child support payments are current. SSI (Supplemental Security Income) disability payments are made to people who have a very low income. These payments cannot be garnished for child support payments. SSDI (Social Security Disability Insurance) payments, however, can be garnished to fulfill child support obligations.

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Can Back Pay Be Garnished?
If you are entitled to a lump sum of back pay and you owe past-due child support, your back pay can be garnished to satisfy this debt. While your entire back payment will not be taken from you, a percentage of it may be garnished in order to fulfill your child support obligation.

www.nolo.com/.../how-get-child-support-order-modified...

 

Judy
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June 4, 20180 found this helpful

That is something only Social Security, not any one of us, can answer.

Pghgirl40
Bronze Feedback Medal for All Time! 196 Feedbacks

June 4, 20180 found this helpful

If you don't have a lawyer, you may want to contact your local legal aide (free or discounted legal help) to address your questions and intervene if needed. These types of issues need experts who know all of the rules and laws and the right people to contact. Good luck!! Hope it all works out.

attosa
Diamond Post Medal for All Time! 1,246 Posts

June 4, 20180 found this helpful

You can call SSI and ask for guidance as every case is different. The number is 1-800-772-1213. Tell them where you're calling from and that you're having issues and need guidance.

debrasthe1

June 29, 20180 found this helpful

Iif a person is recieving ss beniifits in calif ans owes childsupport for children over40 in new york state can they garnish half the income wih out a court orderj