Wednesday, September 11, 2013

Social Security pd $796/mo from my disability when all 5 children were under 18 by garnishment. Why am I still paying out $796?

Q: I was divorced in NY 15 yrs ago. Had 5 minor children. Ex receives NYS child support, modified to $873/mo for 3 when other 2 aged out (as per my disability modification) She also receives $796/mo garnish of my own SSD, originally based on 5 minors. I receive $1010/mo. This is my only income. All together she's paid $1669/ mo for cs. BUT SS told me that irrespective of children aging out & not receiving any more of my SSD, any remaining children under 18 would pick up the difference of total amoutn meaning that my ex would still get $790/mo whether there were 5 or 2 children under 18. Asked why, was told by SSD rep that amount stays the same as it was for the 5 children until the very last child turns 18. Paying $795 out of my SSD for 2 as I did for 5. WHY? No wonder SS is going broke!

A:  David's Answer:  Your confusion may stem from the difference between payment of child support, which is what was awarded by the court, and the subsidy awarded to the children (payable to the mother) by the Social Security Administration. The latter is NOT considered a form of child support and technically does not reduce the benefits otherwise payable to you. For a full assessment, schedule a consultation with a Westchester Child Support lawyer.   -- David Bliven, Westchester Child Support attorney (

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