Half of my Social Security Disability benifits were garnished due to non payment of child support from a judgement from four years ago, before i started recieving benifits, there was a 1 yr period that i did not work and could not pay. Since i've been on ssd, (apprx 3yrs), i've paid child support witch is automatically deducted from my ssd check. Out of nowhere, without any notice I recieved only half of my ssd benifits! I automatically called social security and they told me that my wages were being garnished for failure to pay child support!!! Is there anything I can do? Im on the verge of being homeless because of this? Please help! Thank You!!
2007-05-06 22:08:47 · 7 answers · asked by smartypants 1 in Politics & Government ➔ Law & Ethics
From the pamphlet "Garnishment: A Layman's Guide" prepared by Gulfcoast Legal Services, Inc.
Social Security benefits, for instance, can
be garnished to pay delinquent child support and where an individual receives over $9,000 per year
in Social Security benefits the excess over $9,000 can be taken to satisfy debts to the United States
government. A detailed listing of the types of property that are exempt is outside the scope of this
pamphlet, but if you have had your property garnished it is very important that you SEE AN
ATTORNEY AS QUICKLY AS POSSIBLE.
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From the Social Security website: SEC. 459. [42 U.S.C. 659] (a) CONSENT TO SUPPORT ENFORCEMENT.
(d) PRIORITY OF CLAIMS.—If a governmental entity specified in subsection (a) receives notice or is served with process, as provided in this section, concerning amounts owed by an individual for more than 1 person—
(1) support collection under section 466(b) must be given priority over any other process, as provided in section 466(b)(7);
(2) allocation of moneys due or payable to an individual among claimants under section 466(b) shall be governed by section 466(b) and the regulations prescribed under such section; and
(3) such moneys as remain after compliance with paragraphs (1) and (2) shall be available to satisfy any other such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.
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RECOMMENDATION: You may wish to apply for a modification order to the Court that made the original support order against you. It appears that Social Security will offer you no relief.
2007-05-06 23:30:03 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
1
2016-10-08 06:39:00 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Im uncertain what united states you reside in yet from what youve written it feels like Australia, so i'm going to respond to for Australia. Your earnings is reviewed each and every 365 days except it variations often and you will be able to ask for a undeniable overview on your circumstances. Social protection and newborn help in Australia are an identical employer purely diverse branch. (same with the taxation place of work) they are all related up and gets closer you! they have courses designed to flow reference tax returns, social protection money and newborn help money. Even being on Social protection doesnt mean you're abode loose from paying newborn help. moms and dads on New initiate Allowance get the newborn help deducted out of their fee before its located into their financial employer account. same will take place with you. You enjoyed the chortle and wiggle of your lovestick whilst making your son and that makes him additionally your duty! (financially besides as emotionally and so on) including your backpay in the event that they dont as we communicate deduct the newborn help funds out of your fee, that is going to come out in the subsequent financial 365 days at tax time. in case you already owe a lump sum to newborn help than probability is they could carry onto your lump sum and placed it in the direction of your debt with the newborn help (government) employer.
2016-10-14 23:48:39 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Yes, you can go to court and have the amount that is taken out adusted so that you will have enough to live on.
2007-05-06 22:14:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
SSI is income that is unattachable! I would consult with an Attorney
2007-05-07 00:26:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
CHILD SUPPORT IS CONSIDERED A HEAVY CRIME CAN UAFFORD TO SPEND A FEW DAYS IN JAIL TO PROVE YOU CANNOT COME UP WITH THE MONEY I WOULD ALSO GETA LAWYER THERE R PLENTYAROUND
2007-05-06 22:20:22 · answer #6 · answered by greengrass44444 4 · 0⤊ 1⤋
I think you should visit the following link...
http://www.usalegalcare.com/child_support.htm
2007-05-06 22:25:50 · answer #7 · answered by james 3 · 0⤊ 0⤋