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Can I collect back child support from non custodial parents lump sum social security disability payment or monthly check?

Chicago, IL |

My childs father is $59 grand in arrears. He recently had back surgery and states he will be on permanent disability. He is not currently collecting it nor has it been approved but he states he's been fighting it for 5 years. Will our child recieve anything ever? Is there any options or anything I can do?

Attorney Answers 3

Posted

Social Security Benefits can be garnished for past and current child support. Contact your local child support enforcement department and advise then of the father’s pending SSD application. They should be able to make the appropriate notifications at SSD.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

Yes and yes. I would hire a private attorney ASAP. Make sure the lawyer has expertise in child suport collections and enforcement.

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Posted

Depending on how much he worked, you may be due benefits for the child based on his SS benefits. That would b3e sent to the custodial parent and in many jurisdictions is counted against the amount he is arrears.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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