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Waiving Child Support Arrears Due To Disability

by Felicia Berg
(Glendale, AZ, USA)

My ex-husband has asked that I waive the arrears (child support) which is approximately $145,000.00 due to the fact that he has been approved for disability. All four of your children are now 19 years and older. My question is - if he is receiving social security benefits, disability, food stamps and medical benefits, then what is the point of keeping a child support case open? Or am I shooting myself in the foot if I waive all the arrears? I was the sole-supporting parent for 95% of the 20-years. I need to make a decision soon and don't want to make this decision based on emotions.

Thank you for your support!

F Berg




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Waiving Child Support Arrears Due To Disability

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Child Support Questions
by: Child Support America Team Member

Hello Felicia,

If you do not waive the arrears then he will still have them on his credit report , record etc. Even if he is on disability now, he may eventually not receive it anymore and then he will still be required to pay you the back support you are owed. Think about your decision before you make it. He still has an obligation to the kids, even if they are adults now.

Thanks
CSA STAFF

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Social security could owe you money
by: Anonymous

My sis ex husband was approved for disability and social security paid her about 70,000 in back child support on his behalf. Of course they took it out of the lump sum he had coming too him. I would contact social security before I waived child support rights .

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happy to help
by: rebelforrights

Hello, do not give up your kids entitlement to the support that they deserved, just because you think the disability cannot be garnished too. The child support divisions of your state can keep an enforcement on the amount of money stilled owed to your children before he was on disability. I know for a fact. We received both a child support check and a back pay amount from ss security after we had been looking for 13 years for the father.

The system sucks, it takes a long time, but you have to do some of the work for them. Unfortunately, mine only came through because i myself am in stage 4 cancer and had filed for disability with the child as my dependent. Thanks. Glad to help doing well still.

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