Generally, auxiliary (family) benefits under SSD go to the Representative Payee of a minor child. Nearly always, the Rep Payee is the custodial parent of a minor child. One can have one's child support obligation modified, if so, one should get the child support agreement modified, in writing and signed by all parties, either by mutual agreement between the parties and then file this amendment with your child support enforcement agency / district attorney's office handling the case. If it cannot be done by mutual agreement then one would have to file for modification with the court in the county where the child resides.
Social security benefits are considered when child support is figured, but there is no exact formula. Often, the parties agree. If not, the Judge will decide. There may not be any additional child support ordered from the parent who gets Social Security -- but this is not always the case. Because there are so many variables, you need to consult a divorce attorney -- preferably before signing any documents on this matter.
Be sure to get the agreement modified, because they can garnish any federal benefits for past due and current child support obligations.
The Social Security system limits the garnishment amount to the lesser of the State maximum or the maximum under the Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)) and is based on the law of the State where the beneficiary resides. Hereafter, the CCPA limit is referred to as the “Federal” limit. The CCPA limits garnishment to:
50%, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered.
60%, if the beneficiary is not supporting another spouse and/or child.
55% or 65% respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears.
NOTE: SSI payments are not subject to garnishment.
The test to determine if your VA benefits are subject to garnishment is whether the payment is remuneration (payment) for employment as defined in section 459 [42 U.S.C. 659(a) and (h)]. While Federal salaries fit this test, and Title II Social Security Old-Age, Survivors, and Disability Insurance benefits (OASDI) can be garnished (entitlement to these benefits is based on employee contributions into FICA), VA monetary benefits, entitlement to which is generally based on either the veteran's disability and wartime service (pension) or disability from service-connected injury or disease (compensation), is generally not considered remuneration (payment) for employment.
However, the Social Security Act and the statutes governing benefit payment by the Department of Veterans Affairs do provide for processes by which dependents may obtain financial support from veterans' benefits under certain circumstances. Below are two examples highlighting the laws or regulations under which benefits paid by the Department of Veterans Affairs can be paid to dependents to fulfill child support obligations.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
This is more than a 500 Dollar question. I do not mean to humorous. The interplay of these benefits is very complicated. Social Security Disability is an Entitlement System. However, the Child Support is a Personal Legal obligation. They have separate Courts, Separate Rules and Separate Beneftis and obligaions. The BEST answer any attorney can give you is to get an appointment at your local SSA District Office armed with your Documentation from the Child Support Order and VA Award Letter. Let them review the issues and benefits. They will then give you an update Award letter. If you do not agree with their CALCULATIONS then you can Appeal and Consult an Attorney who has experience with these issues. Typically these are ACCOUNTING ISSUES that are resolved without any furhter costly litigation.
Legal issues are serious matters and deserve consultation with a Competent Attorney in your city or state. The information provided here is for Public Information only to encourage consumers of the Complexity and Need for Consultation with a Legal Professional and is not intended to be Legal Advice or a substitute thereof.
First, the issue of calculating what you owe for child support is a matter of State Court responsibility. SSA and/or the VA will only do what the court orders - they do not make their own independent calculations. Talk to your domestic law/child support attorney to make sure everything is current and correct, and then give a copy to SSA.
Second, are you getiing 100% VA benefits (Individual Unemployability) or just a lower percentage? if you are just getting a percentage, file a claim for an increase immediately, and consider seeking help from an attorney who handles VA claims. File it immediately because the VA does not pay back due benefits - the earliest benefits can be paid is the date you apply.
You can collect service connected individual unemployability AND collect SSDI benefits for you and your child (but not SSI in m ost cases), and if you reach 100% with the VA, your child may also be due an increase from the VA too.
You can find local attorneys who handle VA claims at the following link:
I hope this information helps. Good luck to you!
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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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