You may have every intention of financing your child’s basic needs. But you may have recently incurred a disability and cannot return to substantial gainful employment activity. While you may be collecting Social Security Disability Insurance (SSDI) benefits already, this may be barely enough to make ends meet for you personally. In turn, you may default on your court-ordered, monthly child support obligation. If this is your case, please continue reading to learn whether a court’s child support enforcement will affect your SSDI benefits and how an experienced New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can help protect this pivotal income resource.
Will child support enforcement cause my SSDI benefits to be taken?
First of all, your former spouse has the right to take legal action if you have failed to pay multiple child support payments. Specifically, with the New Jersey family court, they may file a motion to enforce child support payments or a motion for civil contempt of court. Either way, this can lead to the court taking various serious actions against you.
Namely, the court may order wage garnishment. If you currently do not have wages due to an inability to work, your SSDI benefits may be taken instead. With that said, the Social Security Administration (SSA) is legally obligated to comply with a court’s order to withhold part of your monthly SSDI payments to satisfy your current and past-due child support amounts.
How much of my SSDI benefits can be taken for child support?
According to the Consumer Credit Protection Act (CCPA), 50 to 65 percent of your monthly SSDI benefits may be garnished in a court’s child support enforcement. The exact percentage may depend on how long you have gone without fulfilling your child support obligation, whether you support a spouse and other children outside this court order, and other factors. This is not to mention that the government may attempt to intercept other income resources, as well, such as your income tax returns.
Of course, you do not want to be in trouble with the court like this. So, before it gets to this point, it is best to petition for a post-judgment modification with the New Jersey family court that ruled on your initial child support arrangement. Here, you may demonstrate to the court that life events have significantly reduced your income (i.e., an incurred disability) and, subsequently, the amount you can contribute to finance your child.
No matter what specific Social Security matter you are currently dealing with, a skilled New Jersey SSDI benefits lawyer from The Law Offices of Sheryl Gandel Mazur is willing and able to step in and facilitate the process. Retain our legal services today.
