My son's father is behind in child support, over $30,000. He is currently awaiting an answer about Social Security Disability, filed in 2011. I would like to place Lien on his back amount he will receive if approved and on future payments he is to receive. I'm desperate to do this as quickly as possible.
3 Answers from Attorneys
Yes.SSD benefits are attachable for child support purposes, because section 207 of the Act is expressly overridden by section 459(a) of the Act (42 U.S.C. 659(a)). Section 459 provides that payments from the Federal government, the entitlement to which is based upon remuneration for employment, are subject to income withholding or other legal process brought by a State IV-D agency or an individual obligee for purposes of enforcing child support obligations. Section 459(h)(1)(A)(ii)(I) of the Act (42 U.S.C. 659(h)(1)(A)(ii)(I)) specifies that payments under Title II of the Act, which includes SSD payments, are considered to be based upon remuneration for employment. In addition, federal regulations governing federal personnel at 5 C.F.R. 581.103(c)(1) specify that SSD is attachable for child support purposes.
You may consult with Child Support Enforcement (cheapest way to go) or hire private attorney. Either way there must be a court order for SSA to act. They can seize all of the back due benefits and up to 55% of the monthly checks.
You should use private counsel if you want to get this done asap. The Rules do not allow for a contingency fee for family law cases so you will have to pay the lawyer a fee up front but it would be worth doing.
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