How To Pay Child Support When Receiving Social Security Disability LIVESTRONG has it WRONG!!!!! SSDI Derivative Auxialary Benefits Child Support
WRONG! Even if one DOES believe they are owed child support arrearages from a disabled ex-spouse, TWO things must happen first, before ONE RED CENT is due from a disabled American to an ex-spouse. FIRST 1st: ALL "back benefits, aka Lump Sum Benefits", AND any monthly over payments MUST be applied, and then ONLY IF all that money is STILL less than what is owed is anything else due to a custodial parent/ex-spouse.
It is one SAD display of pure GREED for these custodial parents to be POCKETING over-payments, often in the tens of thousands, and pretending "this doesn't count", and then going after someone who is already ill, and struggling to live below the poverty level on SSDI.
See Danny C. Hopkins vs Kern County DCSS for the landmark case (how SAD that he even had to do this go get justice) where his ex-wife collected WELL OVER what he owed in SSDI axillary benefits and monthly overpayments FROM the father but wanted MORE.
EVEN *IF* further support is required, when SSDI is the SOLE source of income for the NCP (noncustodial parent), NO MORE THAN 5% of the NCP income MAY LEGALLY be garnished. People, IF GREEDY, CORRUPT Corrupt Parents, Dept. of Child Support Services, and Family Law Attorneys are acting outside if the law, FIGHT this to the highest court.
http://www.lsnc.net/trainings/child_support/css_regs/CSS02-15.pdf
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