Legal Question in Family Law in Massachusetts
Child Support arears and Diability income
My sons father owes unpaid child support totaling around 20k plus and now he quailified for social security disability can i make a claim on the retro active amount he will receive in order for him to pay back what he owes?
1 Answer from Attorneys
Re: Child Support arears and Diability income
You should address this question to the Department of Revenue, which can seize the asset if it can be seized. This falls in the intersection of Social Security Law, which generally forbids liens on the benefits, and state and Federal law in favor of paying child support.
Note that Title II DIB benefits include a stipend (child benefit) for the children of disabled workers. You may want to get in touch with Social Security to make sure that the benefit is paid to YOU, not the ex. The CHILD should have a "past due benefit" of his OWN from this monthly stipend.