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Lucyli Asked October 2017

What assistance is available when child support court puts a levy on SS check? I'm 62 & can't pay rent at my apartment now with the levy.

What can I do legally? I don't have any money for a lawyer.

Countrymouse Nov 2017
In any case, a situation like this doesn't crop up overnight and must have all sorts of important detail behind it. Please don't think we're unsympathetic, we're just short of data.

Shane1124 Nov 2017
Yes we need more information.
If you have minor children & the court has put a garnish on your income to pay child support, then you are required to pay whether you can afford to pay your rent or not.

You can, as mentioned above, petition Family Court to take another look at the amount owed to child support & to file in Family court is free.

Sounds like there were Court dates and late payments that have long since past before the court issued this decision to attach a lien on SS.

I have a close friend who went through this. She was the divorced ex-spouse who had custody of their daughter. The father of that child fought not to pay support, petitioned the court to lower child support payments when he lost his job and while collecting unemployment or whatever reason he could conjure up and he won. The spouse owing the support was given more chances to pay than God made little apples. 

It actually disgusted me with how many times the court made amends for him, although looking back now, the court probably thought paying some amount of support was better than nothing.

My friend had to hire an attorney to pursue her ex for child support. Cost her thousands. 

Finally the court put a garnish on the father’s wages through his company’s payroll dept as the father was always crying poverty or some other situation  to not have to pay child support for his own daughter.

My friend could have had her ex thrown in jail for non payment of child support but did not pursue this as she didn’t want her daughter to have to cope with her dad being in jail and her mom being the one to do it.

The minor child is entitled to child support like it or not.

Thus to help you, we need many more details.

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GardenArtist Nov 2017
I assume by your screen name that you're female? So you've been ordered to pay child support to your ex-husband? Is he not working but you are?

It's my understanding that the FOC (Friend of the Court) who's involved with issues such as child support takes into account the income of both ex-husband and ex-wife and calculates a fair amount of child support for the person with primary custody of the children.

Were you represented by an attorney during the divorce proceedings?

Or is the levy for nonpayment of past child support? I thought that FOC wouldn't initiate action unless someone failed to make the adjudicated amounts of child support. Were you in arrears/behind on child support payments?

Veronica91 Oct 2017
We need more background to help you with this. You can go to Family Court without any legal help. Are you paying or receiving Child Support? When Child Support is ordered you have to pay or nasty things happen whether you like it or not. Landlords also are not very impressed with people who don't pay their rent.

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