Modifying Arrears Garnished From Social Security Checks

modify child support arrearsQuestion:

I currently have child support payments garnished from my Social Security checks.

I need to have these arrears modified due to cost of living expenses and how burdensome it has become with such a large amount taken from my income.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania child support laws where I am licensed to practice.

My state’s child support guidelines specify that Social Security disability and retirement benefits constitute income for support purposes.

Therefore, they are considered income and can be used to determine what your monthly child support payment would be and also arrearage payments.

From the limited information provided, I am unsure whether you are currently paying child support, or if your children have been emancipated and just the child support arrears are being garnished from your Social Security check.

Either way, you may want to consider petitioning for a modification of your order. A child support order may be modified upon a showing that substantial and material changes in circumstances have occurred.

The burden is on the petitioner to prove that there has been a substantial and material change in circumstances since the entry of the last order. Where I practice, courts are more concerned with income than with living expenses.

Social Security Benefits:

Does My Ex-Spouse Get Half?

If you were granted a modification, the monthly owed amount would likely change, but the modification would not change the total amount you currently owe in arrears.

A child support obligation is one of a few types of debt that are not dischargeable under the bankruptcy code.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pittsburgh Divorce Lawyer Anna M. Ciardi, contact Cordell & Cordell.

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4 comments on “Modifying Arrears Garnished From Social Security Checks

    What agency do you contact to have garnishment of social security modified? My husband is having HALF of his ss taken for arrears from and old case. The “child” is almost 30 and doing quite well. We however really need his Ss.

    Great question, should you find out please contact me. I am paying 50% of my 755$ p/ mo ck to Tx O.A.G. For bogus child support arrears. S.S.I. Is non garnishable because the amt. drawn is so low it is considered welfare. Well, I make only 5.00$ over S.S.I. benefits ,yet this allows the state of Texas to hold 50% of my ck? People, something is terribly wrong here, may I suggest a class action suit against the O.A.G. TX. to show justification for collecting such a large amount, causing father to become destitute while said ” child” is over 40 yr old, and ex wifes drawing S S, and husband bringing home 8-1000$ p/wk. Entire case based on ex wives perjury.

    I moved to Colorado recently my child support arrears are ridiculously high and I wont ever be able to pay this off. My case is in the state of California now I’m trying to retire to get my social security I know they will take this money as well. My curious mind tells me I think I can do something to remove this case. There has to be a way for a father that’s been paying for years to be exempt from paying arrears my son is 26 years old now. What to do? I never married this woman but have always taken care of my son in addition to the support I was paying as he complained about no food, no bus money and the worse part about this is the money that supposed to be for the child this mother of his never saved money to help my son with college I even got my son a job working with me oh she has told me she would stop this case but she hasn’t now I’m a cancer survivor and she still wont let me off the hook.

    In the state of California i have received social security disability and I have arrears past due from child support and the received a lump of money for my daughter and was award the payee of my daughter social security. which accede the arrears and child support owed. what apply and don’t apply?

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