can child support be taken for back support out of a one time disability settlement can the courts put a lein on this ?
2006-06-27 13:01:46 · 4 answers · asked by candel_lite 2 in Politics & Government ➔ Law & Ethics
Yep! My sister had it done to her ex. He never paid for their now 13 year old son. They took back support, current support out of his disability checks, and also gave her his entire income tax refund for the year.
2006-06-27 13:09:11 · answer #1 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
This is not a question for the web....it's a questions for an attorney. I know nothing about Michigan law (neither am I an attorney) but I have come across state or federal laws that either restrict or prohibit garnishment of disability and/or pension payments. If you've received a notice of lien, then you should anticipate them taking money (if so, find out your state's procedure for garnishment and or claims of exemption). Even if they take the money, you may be able to go to court to dispute it. There's no quarantee that you'll win but there are usually options under the law for just about every situation. Be advised that, in my experience, there is a very short window of opportunity when disputing a garnishment ....call a legal aid society or the Michigan Bar Association and ask for a referral.
2006-06-27 13:13:40 · answer #2 · answered by bug927 2 · 0⤊ 0⤋
I don't think disibility income is subject to seizure by anyone unless you take the money and put it in a public bank. Then it will be up for grabs by almost anyone........
2006-06-27 13:12:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, they can take it from your monthly check in all US states.
http://www.divorcenet.com/states/nationwide/national_child_support_enforcement
http://www.mi.gov/dhs/0,1607,7-124-5453_5528_29251---,00.html
http://www.fa-ir.org/alabama/cs/cs_disability.htm
2006-06-27 13:12:19 · answer #4 · answered by Carla S 5 · 0⤊ 0⤋