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?


Asked on 10/23/07, 3:43 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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.

Read more
Answered on 10/23/07, 4:41 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts