Q: The state took all the money From our account for my child support payments but it was my husband's money from SSI
The bank/NE took all the money from our account leaving us penniless for the entire month. I Am disabled now and have applied for SSDI, therefore I have no income of my own. They took his entire SSI check the day it came. I was only supposed to owe $75/month until it was paid according to NE Child Enforcement. Can he held to pay my debt With his SSI and SSDI checks, and why take every last penny when the correspondence I received said I would owe $75/mo as the garnishment? Is it because I'm his payee, because that doesn't seem legal. Meanwhile, we will be destitute as this is our only source of income.
A: Social security funds have rules that exempt them from most types of collection actions. When these funds are co-mingled in an another's account or joint account, it becomes more complicated. When a person's funds are frozen in a child support garnishment action, the person can request a hearing to dispute the garnishment. At the hearing, the person can present evidence as to why the amounts should not be garnished. You only have a few days to request the hearing or the money will be garnished from the account so you the person needs to return the request for hearing paperwork to the court as soon as the garnishment notice is received.
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