Can the SSA take someone's ENTIRE disability check each month for child support?

My boyfriend gets SSI/SSD and the last couple payments were missing 2/3 of his monthly amount for child support. This leaves him with too little to live on, and he's not allowed to work--if at all he can only work up to not beyond 20 hrs per week(in our town that equals out to more like 10 hrs per week, based on the current job market. Otherwise he would lose his SSD benefits).

Now he's getting other letters supposedly from SSA that he thinks tell him they're taking the rest for child support???? Can they do this legally????

How can he fix this issue?? Who must he talk to, the SSA?, the courts?, a disability lawyer? A counseling expert? All of the above?

6 Answers

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  • George
    Lv 7
    7 years ago
    Favorite Answer

    Legally the only thing he can do is go back to the family court and file a petition asking that the child support be reduced...

    Social Security will garnish SSI/SSD/Retirement benefits To enforce child support under federal law

    42 USC 659. (a) Consent to Support Enforcement. ... an individual obligee, to enforce the legal obligation of the individual to provide child support or alimony.

    So yes it is legal for SSA to garnish his benefits for child support and even garnish his benefits for the amount (if any) that he is behind on.

    Source(s): www.ssa.gov
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  • 7 years ago

    Child Support Cllection Agencys and/or the Courts can take a huge chunk out of whatever finances he has coming in to meet his support payments and/or to help paying any arrearages he may have. This is what happens and is totally legal too as authorized by the Federal and State Governments so there really is little he can do here. The Courts do NOT care how much of a financila burden this places on anyone as long as the payment is paid and they dont even care where the money comes from either. Sorry its the way it is and the system wont change . Also a word of advice here, keep your own checking and savings accts seperate from his and dont even put your name on his til support ends and they dont care whose name in on teh account or who puts the money in it, theyll take it. Good luck

    Source(s): Florida Paralegal with a BS degree in Social-Psychology
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  • He is ALLOWED to work as much as he wants. What an entitled way of looking at things, thinking that he can't work. If he is ABLE to work, he should be, not relying on SSD.

    In any event, his income, whether through SS or normal income, cannot be attached more than 60% according to Federal law. Your state may limit it further.

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  • 3 years ago

    Your daughter ought to ought to pay newborn help. the newborn is receiving SSI with the aid of a incapacity and that is not newborn help. so a lengthy way because the foster figure is worried, have self belief ME, your daughter likely can not pay some thing close to what the county will pay adults to look after foster little ones.

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  • Anonymous
    7 years ago

    His children didnt stop needing food and shelter when he became disabled.

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  • Anonymous
    7 years ago

    If he is that poor he should have not had kids. You make em, support em. I feel no sympathy for him.

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