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.
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