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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13546
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My 40 yearold special needs daughter with a mind of a nine

Customer Question

my 40 yearold special needs daughter with a mind of a nine year old, recieved a summons to go to court for child support. She recieves ssi and have a 12 yearold at home...Her oldest son age 16 lives with his grandmother who is sueing my daughter..what to do, she do not have the money.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Generally, SSI is NOT garnishable for child support. But if she has other income, that could be. SSI is different than social security, which IS garnishable, because SSI, by definition, is needs based - and covers (barely) minimal survival for the recipient - not enough to spread the wealth to kids. So for this reason, showing the court that she is on SSI, which can ONLY be if she is disabled or over 65 (and I am guessing she is not over 65), tells the tale that she IS Disabled from working,.

If you can find her award letter where she was found disabled by the SSA, that would be helpful. I'd add to that, or be prepared to add to that, possibly the medical records that the award was based on.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gottenanything less, please reply back, I amhappy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

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