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#3138349 - 01/25/13 06:44 AM Social Security & Child Support - question -
ferg
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Registered: 07/29/04
Posts: 14876
Loc: At the TNDeer shirt factory %^...

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I have a question -

My older brother is going to be 60 this year -

He's been thinking about his Social Security -

He owes back child support - now his children are 35 and 30 now - and he paid for many years while they were young.

Here is what happened:

He was ordered to pay child support and alimony -

He paid child support for years - the lost his job and he stopped paying - he child reached 18 and the child support stopped.

His wife did not get remarried for many years and the alimony that he wasn't paying just built up and built up -

She (his ex) went to the court and requested that 'if' the back owed alimony could be converted to 'child support' she would waive any future alimony payments.

And that seems to have happened.

I've been doing some research and it seem that 'child support' is one of only a handful of reasons that Social Security wages can be attached -

But what is not clear to me, is does that include 'back' support and is there no statue of limitations?

In addition, would an 'attachment' to SS be 100% or limited to some lessor number, 50%, like most 'other' debts?

Anyone have any experience in the arena ?

ferg....
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#3138362 - 01/25/13 06:58 AM Re: Social Security & Child Support - question - [Re: ferg]
KPH
10 Point


Registered: 08/06/05
Posts: 3180
Loc: Hendersonville Tenn

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Need to ask Social Security to get a real answer.
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#3138368 - 01/25/13 07:03 AM Re: Social Security & Child Support - question - [Re: KPH]
ferg
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I know - I'm on their site now - but it's so full of mumbojumbobullchips \:\(
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USCG(Ret)
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#3138369 - 01/25/13 07:05 AM Re: Social Security & Child Support - question - [Re: KPH]
archer19
8 Point


Registered: 10/14/08
Posts: 2452
Loc: Erwin, TN

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Child support ok.
But the bad place would freeze over before I would pay any kind of alimony no matter what they called it. If I can't live with them, I dang sure not gonna help support you.
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#3138371 - 01/25/13 07:07 AM Re: Social Security & Child Support - question - [Re: archer19]
Unicam Administrator
Grumpaw
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Registered: 12/13/00
Posts: 18958
Loc: Dallas, GA. & Cookeville, TN

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Ferg, I if a court finding on support is like a fine from a court for something else, there is no statute of limitations. Once the gavel falls its permanent.
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#3138405 - 01/25/13 07:31 AM Re: Social Security & Child Support - question - [Re: Unicam]
mike243
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Registered: 09/06/06
Posts: 11263
Loc: east tn

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My stepfather paid back child support til he was almost 70,it only stopped when his exwife passed away.He went a lotta years without paying a nickle by working for his self & before that it was move from state to state til they enacted laws to track the deadbeat dads down
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#3138425 - 01/25/13 07:46 AM Re: Social Security & Child Support - question - [Re: mike243]
BlackBelt
10 Point


Registered: 08/09/08
Posts: 2999
Loc: SouthWest TN

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I dated a woman for a few years who's ex owed her $47K in child support. He worked for himself (drywall installer) and used the systems flaws to evade the state workers trying to find him. The state workers would first identify themselves when calling, so he would say that he was somebody else, even though it was him. Once my girlfriend was in the workers office when they tried to call and had him on speakerphone. He denied that it was him. My girlfriend was telling the worker, "That IS him talking!". But the case worker said there wasn't anything they could do since he said he wasn't that person. Crazy rules.

To answer your question, you really need to contact the child services bureau in your county and ask them. Unless you are in Shelby County (Memphis) they should know and be able to tell you.
If it's Shelby county you are not likely to get an answer unless you ask for a manager.

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#3138475 - 01/25/13 08:17 AM Re: Social Security & Child Support - question - [Re: BlackBelt]
ferg
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16 Point


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Thanks BB - this a 25 year old case out of northern Michigan - I believe that, from what I've been able to read, that no more than 60% can be withheld from SS to collect on this old debt, but they can keep collecting until it's paid -

I believe that he owes in the neighborhood of 150k - most of that was alimony that was 'converted' over to CS \:\(
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'It's time to pee on the fire and call in the dogs boys!'

USCG(Ret)
Semper Par !




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#3138497 - 01/25/13 08:30 AM Re: Social Security & Child Support - question - [Re: ferg]
Grizzly Johnson
Turkey Forum Police
16 Point


Registered: 10/07/08
Posts: 14759
Loc: Tennessee

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I'd tell that ----- to stick it up her ---..... back support.... get a dang job like everyone else and support your own lazy self....

Taking care of kids is one thing.... supporting your ex-wife is BS...
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#3138509 - 01/25/13 08:34 AM Re: Social Security & Child Support - question - [Re: Grizzly Johnson]
ferg
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 Originally Posted By: Grizzly Johnson
I'd tell that ----- to stick it up her ---..... back support.... get a dang job like everyone else and support your own lazy self....

Taking care of kids is one thing.... supporting your ex-wife is BS...


That's pretty much what he did say -

so it just kept building up and building up

She didn't remarry for like 20 years so it piled up all that time and the she pulled the 'convert' it all to child support (the back stuff he owed) and we'll just stop the payment requirements and the courts went along with her request......

So all the back stuff is not considered Child support in the eyes of courts, which is too BS
_________________________
'It's time to pee on the fire and call in the dogs boys!'

USCG(Ret)
Semper Par !




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#3138528 - 01/25/13 08:44 AM Re: Social Security & Child Support - question - [Re: ferg]
Coach
16 Point


Registered: 12/02/07
Posts: 11187
Loc: Pall Mall, TN and Dexter, MI

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On a positive note, she did waive her rights to the money and wanted it to go to the kids.

Ferg, I've got no answers...he can't start collecting until he is 62 and it's partial payment...full payment at 65 so he has a little time to figure it out... but the courthouse of this county (Washtenaw) is about a 25 minute drive if you need me to go there and see if they can answer any of it. It's in downtown Ann Arbor and I get over there fairly often...let me know
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#3138580 - 01/25/13 09:32 AM Re: Social Security & Child Support - question - [Re: ferg]
Wildcat
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Registered: 06/10/00
Posts: 41333
Loc: Western Ky.

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 Originally Posted By: ferg
I know - I'm on their site now - but it's so full of mumbojumbobullchips \:\(



Get one thing off their site, a phone number.

They WILL tell you want you really want and need to know. If the first person doesn't know than ask to speak to someone else.


I don't know the answer here and unless someone on here works at the SS office or has gone though the very same thing then neither do they know anything. If you and your brother do the wrong thing he will pay for it later. Call them up.
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#3138590 - 01/25/13 09:36 AM Re: Social Security & Child Support - question - [Re: Wildcat]
mike243
16 Point


Registered: 09/06/06
Posts: 11263
Loc: east tn

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My stepdads case was thru Mi also ,good luck
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#3138808 - 01/25/13 11:22 AM Re: Social Security & Child Support - question - [Re: ferg]
KPH
10 Point


Registered: 08/06/05
Posts: 3180
Loc: Hendersonville Tenn

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 Originally Posted By: ferg
I know - I'm on their site now - but it's so full of mumbojumbobullchips \:\(



I said ask. The site probley will not tell you.
_________________________
when I die please don't let the wife sale my guns for what I told her I paid for them

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