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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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My son is currently in State prison in Florida. He was receiving

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My son is currently in State prison in Florida. He was receiving disability payments and his support was being deducted from it. When he went to State prison his disability stopped and his disability payments also stopped going out. Now the Florida Dept.of Revenue Child Support Enforcement has placed a freeze on all of his accounts with his bank because he is behind in in child support. Will his funds eventually be transferred to pay his past due support payments.

Thanks
Carole (Mother) on behalf of my son.
Submitted: 1 year ago.
Category: Family Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, Carol. Thanks for your inquiry! I have been practicing family law for 17+ years, exclusively involving Social Security Disability recipients for the last 10+ years. I have specific experience with issues like yours. That being said...

With regard to your post:

My son is currently in State prison in Florida. I am sorry.

He was receiving disability payments and his support was being deducted from it. When he went to State prison his disability stopped Unfortunately, yes, that is mandatory.

and his disability payments also stopped going out. OK.

Now the Florida Dept.of Revenue Child Support Enforcement has placed a freeze on all of his accounts with his bank because he is behind in in child support. Yes, that would be typical.

Will his funds eventually be transferred to pay his past due support payments.
Yes, what should happen is that the funds in those accounts will be garnished for the child support.

It is true that HIS benefit stops after 30 days of incarceration, unfortunately. So that money will not be available to pay his child support. However, the auxiliary benefits to his children should not stop. Their right to dependent benefits. http://www.ssa.gov/pubs/10133.html#a0=2


I mention this just in case no one filed for such benefits for the child/children. Moreover, if his child support order originated BEFORE he went on disability, it is very possible that the child support amount he is obligated to pay does NOT include the consideration of the dependent benefits that are going to his children as a result of his disability. Proper consideration of such benefits by the family court upon him making a Motion to Modify Child Support, along with what may be his lower income due to being disabled, can often result is a substantial reduction in his Child support obligation, and sometimes an obligation that is fully paid by virtue of the dependent benefits the child/children is getting. If I were him, if this motion was not made, I'd consider filing a motion to modify future obligation AND ask for a credit be applied for the past dependent benefits received by children, based on his disability, that was not accounted for. He should be able to get a reduction based on the first motion request, and MAY get additional credit for the second.


I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11692
Experience: 19+ Years of Legal Practice in Family law matters.
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