Submitted by Anonymous on Sat, 01/30/2010 - 09:31
I live in Massachusetts and so does my ex, her boyfriend and our child. I'm trying to pay the child support I owe but I'm disabled now and trying to collect SSDI. If I'm approved will the state be able to take or seize by Social Security Disability Income to pay the child support payments I haven't been able to make?
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Editor's Response
The Social Security Administration is authorized to withhold a percentage of your benefits. Under 42 U.S.C.A. 659, money payable to individuals as SSDI payments is specifically mentioned and can be withheld to enforce child support obligations. So, if the custodial parent can prove that you are in arrears and obtains the proper court order, then some percentage of your SSDI payment may be withheld. Disability payments received through SSI, however, can probably not be seized for non-payment of child support. For more information or to post a question, visit our Massachusetts Disability Discussion Forum.