Q: What steps do I need to take to garnish my ex's SSDI benefits for my minor child.
My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?
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A:
Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:
1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support your ex is required to pay.
2. Contact your local child support enforcement agency: Inform them about your ex's SSDI benefits and provide them with a copy of the child support order.
3. The child support agency will send a notice to the Social Security Administration (SSA): They will inform the SSA about the child support order and request that a portion of your ex's SSDI benefits be withheld for child support.
4. SSA will process the request: If the request is approved, the SSA will withhold a portion of your ex's SSDI benefits (up to a maximum of 65% of their benefits, depending on the circumstances) and send it to the child support agency.
5. The child support agency will then forward the payment to you.
It's important to note that your ex being incarcerated may complicate the process, as they may have limited access to respond to legal notices. You may need to work with the child support agency and the prison system to ensure proper legal notification.
If you face difficulties or need further guidance, consider seeking the help of a family law attorney who specializes in child support cases. They can help you navigate the legal system and ensure that the necessary steps are taken to secure child support payments from your ex's SSDI benefits.
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