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Category: Family Law
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Experience:  30 years as a family law lawyer .
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I was just awarded social security disability after ...

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I was just awarded social security disability after waiting 3 years. the adjudicator said these are lifelong benefits. I am no longer able to work do to complications from back surgery and still have serious problems from one herniated disc and a laminectomy. I do owe arrearage in child support due to these problems not allowing me to work for 2 years. My ex-wife has no idea of this action and I am wondering if the arrearage must still be paid. The judge told me I would probably never be able to work again. How will this arreage be settled? can they take it from the lump sum I will receive or from the monthly payments? She has been re-married for at least 10 years and is quite comfotable. I am also going to receive Medicare. I am burried in debt, and I need 5 prescriptions monthly. Plus more doctord and pain specialists. I am in dier need as I am deep in debt. Can you help answer these questions? My attorney said he is checking into it but really did not know for sure.
Thanks for your question. SSDI can be garnished for child support payment. This can take the form of arrearages or current support if they have set up monthly payments. If they just have a judgment and they are able to get it served before the lump sum payment they could garnish some of these funds.

The reality is that ther usually aren't swift enough here. You get the lump sum and they are left trying to get the court to garnish the regular monthly payments once they start coming in here. The court would look at your regular monthly income from SSDI and set payments on the arrearage here. Once this is served on SSDI they take it out and you get the rest. Here's reference on the web page below..

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