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

Asked about 1 year ago - 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.

Additional information

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. Jeffrey Scott Drabin

    Contributor Level 13


    Lawyer agrees


    Answered . 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.

    This information is provided for general educational purposes only including answers posted to questions asked.... more

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