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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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my 58 year old ex should be paying $615 per month child support

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my 58 year old ex should be paying $615 per month child support but pays due to wage attachment only $320 and is in arrears by $12,000. What are the chances I will ever see that money once she goes on SS.
Thank you for your question. Please permit me to assist you.

That is a good question. How old is the child at this time? (I ask to see if the arrears will continue to increase going forward). Do you have any idea of this person's earned income to estimate their SS benefits? Thank you!
Customer: replied 3 years ago.

Children are 15 and 17, I have 96% custody, she is either on welfare or recently found a job. She had been on unemployment for 1.5 years. She make minimum wages and will collect a small SS benefit, but has no other income.

Thank you for your follow-up.

The positive here is that even if she is on SS, her benefits are NOT exempt from arrears and back payments. The negative is based on costs. It is not likely that you will be granted the full $615 when she goes on social security. The SSA performs a calculation of benefits and then figures out the amount that is permitted to be withheld, which is around slightly under $200 if she does end up obtaining SS based on minimum wage. What will happen is that you will continue to receive partial payments from her for life, or close to it. While it is possible that she will end up paying this off, it is not very unlikely, although this amount is fairly small as arrears go.

Good luck.

Customer: replied 3 years ago.

The support will be ending when the youngest is 18 (3years) so the arrears will cease to grow, other than interest, after that . I expect if she pays the $200 from SS it probably will not cover the accunualting interest but any money is sonething. She is supposed to pay $615 per schedule even though she makes only minimum wages becuse i have 96% custody. I am happy to hear that I can wxpect to get something anyhow. Thanks

Thank you for your follow-up.

That is definitely some good news. Luckily SS does not make child support payments exempt, and depending on your state the arrears could keep growing at 10% interest per year, so you would be obtaining what is essentially a perpetual payment from her.

Good luck.

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