Legal Question in Family Law in Michigan
child support & SSDI
If someone has been approved for SSDI & they are paying child support plus arrearages, can friend of the court take all of the disability allotment? I have a friend who is in this situation. Once approved for SSDI, a retro check was sent. Unfortunately, he never received one dime of it because FOC took all of it toward arrearages. His ex received only about 3/4 of that amount, the rest is unaccounted for. He has requested reduction in child support payments since his health has gotten worse & he can no longer work, but the judge will not reduce the support payments. Since being approved for SSDI, he has received only 2 payments of about $250 each, while his children have all been getting checks regularly. How is my friend supposed to support himself if FOC keeps taking all of his allotment? Does he have any legal recourse? Thank you.
2 Answers from Attorneys
Re: child support & SSDI
He needs a lawyer. There is caselaw on this exact issue. His child support should only be equal to the benefit that the children are receiving.
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Re: child support & SSDI
Obviously he needs to go to court and explain the situation. I doubt that the facts presented are the whole story, as a court is unlikely to take the entire income from a person.
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