Can SSDI Lump Sum payment be apprehended for back child support?

Asked almost 3 years ago - Chicago, IL

My Daughters father has a pending SSDI case that has been ongoing for the past 2 years. He recently had a hearing and is awaiting a verdict. He currently is in arreages of $27,000. When he won his workmans comp case. The paperwork came to the New York State Insurance Fund after the check was already cashed. He had already spent the funds when he recieved a notice to send the money to illinois child support. So we received nothing from that lump sum payment.

I want to avoid that situation in the future if he does receive SSDI. After some internet research. I see that SSDI, not SSI can be garnished for back child support.

What can I do to ensure that the money owed to my daughter will be issued to her.

Attorney answers (2)

  1. David Matthew Gotzh

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Easy. File a motion for the adjudication of indirect civil contempt. The threat of jail does wonders, trust me. I suspect once this is done, you're problems will go away. If you're not comfortable with the paperwork and how to execute a contempt hearing, talk to a family law attorney in your area for specific guidance.

    Best of luck.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Three words....

    indirect civil contempt

    Good luck.

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