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  1. #1
    Join Date
    Mar 2012

    Default Arrearage and SSDI

    This is a question about child support arrearages and SSDI in Virginia
    I have two children with my ex. They are now 21 and 22. I have a case with the DCSE here in Virginia. I was awarded $586 monthly when they were minor children. When my ex was working, I received my payments, but they were never received on time and that caused him to go into the red. There was also a period of time when he did not work and that contributed more to his arrearages. In 2006, Mr. Ex got hurt on his job and then later in the year lost his job completely. During this time, he has received unemployment and never made any payments to the current or arrearage amount. When it became obvious that he would never be able to work again, he made a request from me to close the case. At this time, the youngest child was 17 and I agreed with him to close the case. When I contacted DCSE, I advised them that I wanted to close the case for any current support, but keep it open for arrearages and thatís what I did. His total arrearages are $40K. His SSDI had been denied several times and a couple of years ago, he had back surgery and was finally approved for his SSDI (within the last 4 months).
    Today, I received a summons to go to court in Virginia, stating that he could not afford to pay the $586 (mind you, he has not attempted to make any payments since 2006). He claims that his disability payment is $1400 a month. According to him, DCSE has been contacting him to make a payment and that is what has initiated this action to ask for this reduction. Again he has not made any payments since 2006. I believe that this is fueled by his newly approved SSDI claim. Also, I believe that he has received or will be receiving a lump sum payment for his SSDI. He should apply that money towards his arrearage.
    1. Should I get DCSE involved in this and can they find out the status of his SSDI case?
    2. Should the lump sum money be applied towards his arrearage?
    3. Should I file a motion with the court for his financial situation?
    4. Any other advice?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Arrearage and SSDI

    Involve the DCSE and make them aware of the award such that they can explore garnishing part of the back pay and the potential for garnishing part of his SSD benefit going forward. As your ex- has a motion pending before the court, you can take the opportunity to raise the issue with the court and seek any appropriate orders.

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