Friday, June 17, 2022

Can Disability Be Garnished For Child Support

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What Is Workers Compensation

Can my social security disability check be garnished for Alabama child support?

Workers compensation is money paid to an employee who suffers an on-the-job injury. To be eligible, the employees injuries have to be related to employment. Injuries also have to be sustained while the employee was acting within the scope of existing laws and company policies. Generally speaking, employees who are injured while under the influence of alcohol or drugs are not eligible for workers comp. For example:

  • If an unsecured file cabinet falls over during work hours and injures an employee whos reorganizing files at the express order of a supervisor, the employee is likely to receive workers comp.
  • If an employee comes into the office after normal business hours to pick up personal items, is intoxicated, and is injured in a fall, the employee may not receive workers comp.

If youre awarded workers comp, the payment you receive is normally a replacement for a personal injury claim you might otherwise have had against your employer or your employers insurance policy.

Some Things To Think About With Va Disability Benefits And Child Support:

  • If you are unsure of how the process works, reach out to your local VA! There is plenty of resources to assist you!
  • Stay positive. While its easier said than done, surround yourself with people who are fully supporting you and can encourage you throughout the process
  • You and your former spouse might choose to consult with a disability lawyer when it comes down to specific percentages
  • Ask Questions. Ask Questions. Ask Questions. Having child support is no easy task. There will be information that will seem foreign to you, so when in doubt, ask away!
  • The most important thing document all of the information, especially if you are dealing with a lawyer
  • You, as the Veteran has most of the control of how the outcome will be. Similar to homework, you have to do the research and due diligence. By properly seeking help and asking your local VA for information, you will handle surprises better than if you did not find for help. The most important thing is to document all of the information that you encounter with your former spouse. It is easy to confirm verbally, but with no documentation, you will face an uphill battle.

    Help For Disabled Parents Who Owe Child Support

    Parents with disabilities who are struggling to pay child support should seek a modification of child support before having their wages garnished. A modification may be granted following a legitimate decrease in income due to your disability. In such cases, the court will evaluate the nature of the disability, as well as the expected duration of the impairment.

    If you need assistance navigating the system, research the child support laws in your state and seek help from a family law attorney with experience handling disability and child support cases.

    Recommended Reading: How To Get 100 Percent Va Disability

    What Happens To Social Security In A Bankruptcy Case

    If youâre receiving disability benefits, youâre likely eligible to file for Chapter 7 bankruptcy. Seeking debt relief under Chapter 7 of the Bankruptcy Code will allow you to eliminate outstanding credit card debt, medical debt, and other eligible unsecured debt in as little as 90 days. If you choose to file for bankruptcy, youâll need to make sure that your disability benefits are not commingled with other accounts, as commingling will complicate your case. For example, lump sums of disability income are generally treated as exempt as long these sums arenât commingled with other funds.

    Filing for bankruptcy can serve as an excellent debt relief solution to rid you of the burden of paying back credit card debt, medical debt, and other unsecured accounts you canât afford to resolve on your own. Generally, Social Security benefits are treated as exempt and this form of income doesnât âcount against youâ for the purposes of passing the Chapter 7 means test. As a result, this debt management solution may be worth exploring if you canât afford to pay your unsecured debts and youâre living primarily off your Social Security disability benefits.

    I Was Told My Child Support Didn’t Qualify For A Modification Even Though I Am Receiving Social Security

    Can SSI Be Garnished for Child Support?

    It is important to know the type of Social Security benefits you are receiving – some benefits – such as retirement, disability insurance or survivor benefits are considered income and should be garnished for child support payments. In some cases, your children are also receiving payments from your social security benefits paid by the Social Security Administration. If this is the case, please contact our office so that we can help you with your next steps.

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    Garnishment Of Va Disability Benefits For Alimony Child Support

    Garnishment is the process by which money is seized from an individual in order to satisfy a debt that is owed. There are certain circumstances in which VA disability benefits can be garnished. Specifically, if a veteran fails to make alimony and child support payments, the state can sometimes order their VA benefits to be garnished. However, this garnishment typically depends on the veterans military retirement pay status.

    Generally speaking, VA disability benefits can only be garnished if the individual who is receiving those benefits has waived military retired pay to obtain the VA compensation. In this case, only the amount of disability compensation that was paid in place of the military retired pay can be garnished. The remainder of the disability compensation is protected. If a veteran has not waived his or her military retired pay, then VA benefits cannot be garnished at all.

    VA will decide the amount of disability compensation that can be reasonably garnished. This analysis will consider the following factors:

    • Whether the veteran has other sources of income
    • Any special needs the veteran has that require more income
    • The amount of income that is available to the veterans former spouse
    • Any special needs the veterans former spouse and children not in his or her custody have that require extra funds

    When Can A Debt Collector Garnish My Wages

    Typically, wage garnishment is a last resort for debt collectors and creditors. Debt collectors can use other methods and avenues to reach a settlement and clear the debt. As for when debt collectors can garnish wages, it depends on how cooperative you are and how aggressively they want to settle the debt.

    For debt collectors that require a court judgment to garnish wages, the process can begin 5-30 days after the judgment. Before that, youll be served with the court papers, and after the judgment, youll be served with a notice.

    Before garnishments for federal and state tax authorities are made, you will receive a notice. You will also be notified by your bank of the garnishment and the amount they will be deducting. Once the judgment has been entered, the process is relatively quick.

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    The Representatives At Cannon Disability Law

    There are many law firms that claim they practice Social Security disability law. However, most of those firms do other types of cases as well. For example, some firms practice personal injury or Workers Compensation law. Additionally, some firms handle disability cases just a few times a year. We dont do that. Our firm only takes Social Security disability cases. Our representatives are in court every week before Social Security judges. We dont practice any other kind of law. Our firm believes it is important to focus on Social Security cases, because that is our specialty.

    It is hard to trust your future to a lawyer. We understand. That is why we include information about our attorneys on our website. Dianna Cannon has practiced disability law for the past 30 years. She has written a book about Social Security law. Brett Bunkall and Andria Summers have over 30 years of combined legal experience. Our whole staff works hard for our clients every day. We focus exclusively on disability law. Find out more about the representatives at Cannon Disability on About Us page. Contact Cannon Disability Law today and hire us to be your disability legal team.

    I just got a MASSIVE deposit into my account and I cannot tell you how thankful I am to you and your firm. I cannot express my appreciation for you guys. THANK YOU!

    Va Disability Benefits And Child Support: Can Benefits Be Applied For Child Support

    Garnishments From Veteran Disability Compensation is ILLEGAL!

    Learn about your VA Disability Benefits and Child Support. When a Veteran receives disability from the VA, its a great feeling to know that they have a steady tax-free income. The income that they receive aids in supporting themselves. There are many ways to claim your disability, and its your job to ensure your medical records support it. While claims are lengthy, in the long run, they are worth every penny. However, what happens to your VA Disability when you are being forced to apply for child support?

    Life takes a turn, and youre finding yourself in the process of separation and eventually a divorce. What if your divorced spouse had a child together? What circumstances would you face throughout the process? While every state has various rules and regulations that the Veteran must abide regarding VA Disability Benefits and Child Support, the Federal level will get involved, and especially the VA will step in to ensure the proper protocol in place.

    The primary purpose of the VA benefits is to support the Veteran the benefits also serve a mission to support their family as well. In this case, the spouse can order garnishments from the VA to have the Veterans benefits to provide support to their child.

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    Applying For Disability Benefits

    If you have paid Social Security taxes through your jobs over a certain amount of years, you are eligible to apply for disability benefits. The Social Security Administration considers you disabled if you have a medical condition that has lasted for 12 months or longer or an illness, such as cancer, that is expected to cause your death. Besides SSDI, SSA operates the Supplemental Security Income program, which assists disabled, aged, and blind people with little to no income. The benefits provide for the basic needs of food, shelter, and clothing. Unlike SSDI, a persons employment history is not a strong factor in applying and getting approved for SSI benefits. Eligibility is based on an applicants income and assets.

    The SSDI application asks for the date you claim your disability began, which SSA calls the alleged onset date of your disability. Along with your SSDI application, you can include your employment history, medical records, the medical treatment you are receiving for your disability, and other documents that support your disability claim. Once your claim is approved, SSA makes its determination as to when your disability began, which the SSA calls the established onset date.

    It can take anywhere from months to possibly two years or more to go through the SSDI process. Keep in mind that backpay accumulates for claimants who eventually get approved for disability benefits.

    Child Support Payment Modification

    Because qualifying for Social Security disability insurance requires significant financial hardship â earning above a certain amount of income can cause your benefits to end â you may be able to get a child support modification that lowers your payments while youâre disabled. You may have to submit the modification in court, but it could save you hundreds of dollars.

    Be sure to submit the request as soon as possible, because they take time to process, and you could be stuck paying child support in accordance with the income you earned before you got disabled.

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    Can Social Security Benefits Be Taken For Child Support

    Generally, your Social Security benefits, both SSDI and SSI, cannot be garnished by creditors, subject to a few exceptions.

    The Federal Government can garnish your SSDI benefits to recover any money owed to it, i.e. back taxes or government backed student loans. SSDI benefits can also be garnished for child support arrears as well as current child support obligations. This would include any retroactive award you may be entitled to receive. In addition, if your dependents receive auxiliary benefits under your claim, that will not satisfy or offset your child support obligation.

    SSI benefits cannot be taken for child support, loan payments or taxes.

    If you owe child support and are receiving SSDI benefits, you will continue to be obligated to pay child support. You will need to seek a modification of the support order to reflect your SSDI income. Any modification takes effect from the date the petition is filed it will not adjust any arrears you may owe.

    Garnishing Social Security Checks To Pay Back Child Support

    Garnishing Disability for Child Support

    Question:

    I owe back child support payments due to an arrearage building up when my children were younger and I was unable to pay.

    Recently, the child support agency has notified me of my outstanding balance for past child support obligations, even though my children are in their 40s now.

    Since I am now retired, can the state intercept and garnish my social security payments for purposes of paying off my child support arrears?

    Answer:

    Since I am only licensed to practice law in Wisconsin, I can only provide you with general divorce help for men to your divorce question.

    Child support and maintenance obligations are one of the few debts that are not dischargeable under the bankruptcy code or any other legal process.

    An individual who incurs a child support or maintenance debt will remain responsible for that debt until it is satisfied in full. State governments, via their child support enforcement offices, possess the same remedies as any creditor to collect on an outstanding debt.

    Generally, under Section 207 of the Social Security Act, social security benefits are exempt from attachment, levy, execution or garnishment. There are, however, two exceptions.

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    Do Not Ignore The Creditors Lawsuit

    In most cases, people in debt think they can solve the problem by ignoring the creditor it can greatly affect your credit score. This only compounds your interest and prevents the court from hearing your side and giving both parties a favorable judgment.

    Ignoring the lawsuit can result in the following outcomes:

    • A default judgment This is when the court signs a court order that states the amount of money you owe the creditor. After a specific period, that judgment becomes final and unappealable, meaning you will not have any recourse if you want to appeal.
    • You pay the plaintiffs attorney fees, court cost, and interest If you dont honor the lawsuit, you can owe the creditor a lot more money in attorney fees and court costs. Additionally, interest will continue to accrue until the judgment is paid or becomes enforceable after some time has passed.
    • It could hurt your credit Such a judgment can adversely affect your credit report. You may not get new credit, and your wages could be garnished when they hit your bank account.

    Why Can Disability Benefits Can Be Garnished For Child Support Payments

    Because SSD disability payments are based upon your work history and are replacing your earnings, they can be used to pay off past due or current child support payments. Often, it can take up to two years for a disability claimant to obtain benefits. Therefore, a past due amount of disability payments may be owed to the claimant from the SSA. This past due benefit, which is a lump sum of disability benefits, can also be garnished to pay child support. Typically, however, the state does not garnish the entire lump sum. Instead, the state garnishes a percentage of the back due benefit to pay toward past due child support.

    Alternatively, SSI benefits, cannot be garnished to go toward child support payments. The reason is because the benefit is considered the minimum form of financial support for the disabled claimant. Find out more about childrens disability benefits here.

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    Does The Disabled Parent Have Disability Insurance

    The parent may have disability insurance benefits that are automatically provided by their employer. If this is the case, then it’s reasonable to expect the parent with a disability to continue to pay child support. However, the child support formula is based on parental income, and the parent may be able to seek a modification of child support for the duration of the disability.

    If approved, this would mean that even though child support payments would continue, the amount would be less than you’ve grown used to receiving, and you must adjust to receiving less financial support. While unfortunate, this may be a reality for the duration of the paying parent’s disability.

    Va Disability In Lieu Of Military Retirement

    Will child support garnish money from my SSI?

    If a veteran accepted VA disability compensation in lieu of military retirement, then the amount taken in lieu of the retirement pay is subject to garnishment. Since military retirement pay is subject to garnishment, the law considers that replacement by VA disability to also be subject as well.

    However, if a veteran is rated at 50% disability rating or higher and receiving full retirement and full disability, the garnishments can only come out of the military retirement pay portion.

    If the VA disability compensation is the veterans only source of income, credit debts, medical debts, student loans, and taxes cannot be garnished under any circumstances. So, the VA will consider whether the veteran has other sources of income, as well as whether a veteran has special needs that would require additional income.

    Its also important to note that any award a veteran receives cannot be considered a marital asset in divorce proceedings and is protected. Basically, the VA will not garnish the disability compensation of a veteran. The exception is when a former spouse and dependent children apply for apportionment for support.

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