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Is there any way to get child support arrears case closed due to being on SSI?

Milwaukee, WI |

I have two adult children that I owe back child support for. When I was working, I was paying the arrears order. I have recently been approved for SSI but denied for SSDI. Since SSI is considered a "government assistance program", child support enforcement said that they would close my case since they can't force me to pay since I can't work and they cannot take it out of SSI like they could if I got approved for SSDI. So is there a way that I can get a judge to terminate my arrears order since I have no ability to pay? Obviously I would still owe the money, but I have no way to make a monthly arrears payment.

And I have no hope of ever gaining any other employment or extra income in my lifetime. So can I ask for the case to be dismissed?

Attorney Answers 1

  1. having SSI as your sole source of income is a basis for child support services to close its files on you and to cease enforcement efforts as it meets the federal closure standards. That is very different from asking a judicial officer to terminate the past due obligation since your current or future ability to satisfy that obligation rarely has any legal impact on the matter. I doubt any such application to the court would be successful and it may well be prohibited by law.

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