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.
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:
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.