Legal Question in Social Security Law in Virginia
How can I collect child support from a person recieving SSI Benefits.
4 years ago, i took out a child-support order out on my children father. He worked for 6 mths. And then quit. Last year he informed me that he was going to apply for disability, when i went to court to re-instate the order. Being that there was nothing wrong w/ him, i thought nothing else about it. I myself was on disability a few years prior, i knew he would have to provide proof for his claim. To my total shock, he quialified. I over estimated him; i also foregot that his aunt worked at the local social sercurity office, and has worked there for more than 6yrs. Being that he only has worked 6mths. His entire life and has not put anything into the system he currently recieves ssi. During research on how i can collect anything for child support, i found that in order to recieve ssi, you will have to have written documentation concerning medecine you have been taken and treatments.He informed me he was diagnosed w/ being paranoid schzio. He is not crazy, cunning, yes. I beleive that his aunt had something to do with it, and that his claim is fraudulent. Is there any way i can have a judge make him go and recieve another evaluation. And if his evaluation shows that he not crazy, make him start paying child support.
1 Answer from Attorneys
Re: How can I collect child support from a person recieving SSI Benefits.
Dear Sir or Madam: You cannot directly attach the SSI check for child support. However, you can file a petition for nonsupport with your local Juvenile & Domestic Court charging this person with nonsupport. The judge may direct the person to send you part of his SSI check for support. However, you should be aware that an SSI check usually only amounts to $550.00 per month. If he does not pay the amount ordered by the judge, you can ask that he be jailed for contempt of court.
Gerald G. Lutkenhaus
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