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SSDI / CSS limits ?

Started by cheryl, Feb 24, 2005, 02:36:33 PM

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 I live in California...
 I am on SSDI permanently, well, if you want to be dark about it, eventually I'll be off.....
 Anyhow, I'm going to file an OSC to try to work out a better payment on my arrears. Basically, I want to have the payments set at an amount I know I can reliably pay for years and years. I do not want to be caught not paying for any reason!  I want to deal with the mess in a way that I can ALWAYs have the money for the monthly payment. Or at least close enough that skipping a meal or two will do it.
  My Ex is hostile to say the least and everything has to be done though the court.


My basic question is:

What is the limit that Child Support Services can attach or require payment from a person on Social Security Disability?

  If I read it correctly, CALIFORNIA CODE; FAMILY.CODE SECTION 5246 (3)  limits it to 5%. ( Go to the last sentance for this, but I included complete text to avoid questions about referances therein )

SECTION 5246 :
   (2) If the underlying court order for support does not provide for an arrearage payment, or if an additional arrearage accrues after the date of the court order for support, the local child support agency may send an order/notice to withhold income for child support that shall be used for the purposes described in this section directly to the employer which specifies the updated arrearage amount and directs the employer to withhold an additional amount to be applied towards liquidation of the arrearages not to exceed the maximum amount permitted by Section 1673(b) of Title 15 of the United States Code.
   (3) Notwithstanding paragraph (2), if an obligor is disabled, meets the SSI resource test, and is receiving Supplemental Security Income/State Supplementary Payments (SSI/SSP) or, but for excess income as described in Section 416.1100 et seq. of Part 416 of Title 20 of the Code of Federal Regulations, would be eligible to receive
SSI/SSP, pursuant to Section 12200 of the Welfare and Institutions Code, and the obligor has supplied the local child support agency with proof of his or her eligibility for and, if applicable, receipt of, SSI/SSP or Social Security Disability Insurance benefits, then the order/notice to withhold income issued by the local child support agency for the liquidation of the arrearage shall not exceed 5 percent of the obligor's total monthly Social Security Disability payments under Title II of the Social Security Act.