Legal Question in Social Security Law in Texas

This is my third attempt at getting a response to my question. It has been 3 weeks since my first attempt and a second attempt was made 10 days ago. Whats up? Again my question is: I am entitled to start receiving social security benefits due to the death of my wife in 2004. I will turn 60 in February 2011. It will be my deceased wifes benefits that I will receive. Currently the attorney general of Texas Takes my tax refunds, any stimulus checks the govrnment has given, half of my unemployment checks and this is on top of my regularly scheduled payments on the interest on back child support that I AM making. Will the attorney general have the right to also take my deceased wifes social security payments that I am entitled to? My 30 year old daughter that the back support is for is not the is not the child of my deceased wife. C'mon guys, how about an answer.


Asked on 12/27/10, 7:33 am

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

The answer is ...you must have huge back support..you probably did not have a lawyer who was paid ..and basically..AG has the right to take everything listed. Perhaps you could hire a lawyer to determine if AG will negotiate..but the question is not answerable as presented..not enough facts..and requires research ..

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Answered on 1/01/11, 7:39 am
Mark Di Carlo Mark A. Di Carlo

I was going to respond in a similar way as Mr. McLeaish.

No one has answered because no one knows the answer to the question; and/or the answer to the question would require some amount of lengthy legal research; and/or the response to the question might be so convoluted that a nonlawyer would not understand it; and/or you may not know the answer to the question until the judge acuallly determines if the attorney general has "the right."

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Answered on 1/01/11, 8:45 am


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