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social security disability/ CS arrears Pennsylvania

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  • social security disability/ CS arrears Pennsylvania

    I'm not sure if anyone can answer this question, but I'll ask it anyway.
    If my Ex owes arrears on his child support, and qualifies for social security disability, and gets a lump sum check from the day he filed for it, can they intercept that for his child support arrears?
    This is my personal opinion.

  • #2
    SSDI can be included in child support. Whether or not they will intercept the check... I don't *think* so, but I won't swear to that answer. You need to call CSEA to ask someone how to go about getting the support owed.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      It is sort of complicated when it comes to social security...
      SSD -Social Security Disability -is garnishable.
      SSI (supplimental Security Income?) is not garnishable and is not treated as income (it is considered like "welfare").

      IF the father of your child is recieving social security disability, then the child can also recieve a check based on the fact the father is disabled. You may have to file the paperwork and make sure that the checks are being paid to YOU. You will have to have some sort of proof that the child lives with you.

      Child support will give the dad "credit" for the check the chils recieves. (So if the support order is 300 a month and the child gets 250.00 from the government the dad will only have to pay $50.00 plus arrearages or if the child's check is $350.00 then the dad would just not be made to pay anything except his arrearages.)

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      • #4
        Originally posted by stuckinamuck View Post
        It is sort of complicated when it comes to social security...
        SSD -Social Security Disability -is garnishable.
        SSI (supplimental Security Income?) is not garnishable and is not treated as income (it is considered like "welfare").

        IF the father of your child is recieving social security disability, then the child can also recieve a check based on the fact the father is disabled. You may have to file the paperwork and make sure that the checks are being paid to YOU. You will have to have some sort of proof that the child lives with you.

        Child support will give the dad "credit" for the check the chils recieves. (So if the support order is 300 a month and the child gets 250.00 from the government the dad will only have to pay $50.00 plus arrearages or if the child's check is $350.00 then the dad would just not be made to pay anything except his arrearages.)
        I may be wrong, but I believe OP was asking if arrears can be garnished in full from a retroactive SSDI lump sum payment. Unfortunately, I don't know the answer to that, but OP should contact both the CSE agency and SS administration about the possibility. I do know that the lump sum SSDI payments can be very large, it took me one and a half years to get SSDI and my retro was over $15,000.00, but I didn't owe CS arrears.
        Last edited by xena; 11-06-2006, 09:31 AM.

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        • #5
          Xena is right on the money of what I was asking

          Xena you are right on for what I was asking. I am pretty sure that you are aware of the history with this one. They stopped enforcement due to the fact that he got a letter from his doctor stating he was disabled and unable to work for a period of one year for kidney stones. A while back he applied for SSDI until his treatment is over. Well now he has an attorney and is fighting the denial, and I was just curious that when or if he gets this retroactive SSDI if they will pay his arrears. I know its a long shot, but I guess I am grasping at straws for some help from him.
          This is my personal opinion.

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          • #6
            Originally posted by madmom View Post
            Xena you are right on for what I was asking. I am pretty sure that you are aware of the history with this one. They stopped enforcement due to the fact that he got a letter from his doctor stating he was disabled and unable to work for a period of one year for kidney stones. A while back he applied for SSDI until his treatment is over. Well now he has an attorney and is fighting the denial, and I was just curious that when or if he gets this retroactive SSDI if they will pay his arrears. I know its a long shot, but I guess I am grasping at straws for some help from him.
            I think it is a good possibility that you would get a portion. Esp. since they are both Gov run agencies.
            Not an expert just stating what I know from experience and or moral standings

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            • #7
              Just an update

              Just wanted to add an update, I talked with my enforcement officer at domestic relations, and they have already flagged his SSDI for an intercept, so before he gets a check, his arrears will be paid in full. I guess that answered my question.
              This is my personal opinion.

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