Q: I recently moved to Michigan from Alabama. I currently have a child support order and arrearage in Alabama.
I just got approved for Disability w/SSI. Can they take my Benefits? How to get modified/ suspended? What are my options? I was never married to the mom.
A: Social security benefits can be taken for both current and past due child support arrears. The amount that can be taken is limited by statute, but the percentage is high, relative to your benefit. Your options will all require court intervention. The court has the authority to lower or suspend payments or suspend interest (arrears incur interest determined by the state where the the order was issued). Only the recipient has the authority to waive all of the arrears or child support, but if the child support is for current minor, the court is less likely to do so.
The legal services for this can be coordinated through the state child support agency - every state has a different name for the agency. This agency does not represent you, but they can initiate the process for you. It is a long process, particularly if you are not living in the state where the order originated.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.