Can Indiana Take My Disability Back Pay For Child Support?

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Anonymous Profile
Anonymous answered
From: WhiteH4x0r:
I wasn't sure how to, or if I could, edit my original question, so just to clarify a bit:
I had my dream job as an Information Security Analyst for a Fortune 500 Pharmaceutical company, making lots of money, married to my soul-mate, had an amazing son, new house, new cars, etc. I spent about $50,000 on my education & other training. I've had back problems my whole life, had 2 surgeries, been in 2 wrecks, have Schuermann's Disease, 3 fractured vertebrae, seizures, nerve damage, partial paralysis and am in constant pain. In 2006 I finally got to the point where I could no longer work. We ended up losing the house, cars, and most of our possessions. All of this & having a husband that wasn't making good money any longer was apparently too much for my wife and she divorced me. It was fairly amicable at first & a lot of things were agreed on that never happened. She & my son moved into an apartment, but I had no place to go & ended up moving back into my parents house on 12-31-2007, where I STILL live in a 6x8 corner of the living room & sleep in a chair. I eat once every day or so. I lost my insurance & was only able to survive because my Grandma paid for the bare minimum of medication that kept me alive, along with a bit of food. Anyway, I had no money for a lawyer & my wife was being nice to me at this point & I ended up just signing the divorce papers her lawyer had drawn up. I actually believed her when she said that the part on child support was nothing to worry about because she knew I could not work and had no income whatsoever. She also said no matter what the papers said, she would NEVER keep me from seeing my son. Well, I haven't seen him for more than a year now. She said I couldn't even talk to him or see him until I made her happy. She also managed to declare bankruptcy by herself, so all of the debt that we had, along with a ton of loans, etc. That she took out for herself is now all mine. I've had no money for a bankruptcy lawyer either, so all of our debt holders have been coming after me, suing me, getting judgments, etc.
Anyway, after FOUR YEARS (yes FOUR YEARS!!!) my SocSec Disability has finally been approved & I should soon start getting my payments and back pay. My son should start receiving his as well, but not sure what all I need to do to get that started yet. I'm sure I included him when I first applied, but it's been so long ago now... Anyway, I'm talking to my lawyer tomorrow. I STILL have not received anything from Social Security in the mail, though my lawyer has.
I am just hoping and praying that we can start over and hopefully be at least civil once I can start providing for them somewhat through my son's Disability benefits, although I'd like to be friends with her. I actually still love her even after all that has happened. Believe me, I'd much rather be back working in my dream job making 6 figures. I worked for years and spent a LOT of money and time to get to where I was in my career & was doing exactly what I wanted to be doing. I can guarantee you that if I could, I'd be working & paying more than any child support order for my son. He is all I have to live for right now, all I AM living for. It is killing me not being able to see him. This is not a case of some deadbeat dad trying to get out of paying child support! I love my son more than life itself. I can't help the fact that I cannot work anymore. I grew up barely seeing my dad for most of the 1st 12 years of my life and I DO NOT want my son going through what I did!
I guess my concern is that even though the child support order was completely bogus, as I was disabled & had no way to pay, which she knew, I still signed it. Granted that was stupid on my part. When I signed it, she literally pulled up in her car handed it to me out the window & I signed it. Pretty stupid for a college graduate I agree. Anyway, my only hope of getting out of this hellhole I'm living in & try to get my life back on track & get my own place where my son can come and visit, and just to live in general is my backpay and monthly checks as well of course. But with my credit totally destroyed, I'm going to have to either pay in advance or put down huge deposits if I hope to live somewhere halfway decent. I also don't know about SSI or what other programs I may be eligible for; both to help me and my son. Sorry for the long post, but basically that's why I was wondering if someone can help me in reference to whether or not my SSD backpay & monthly checks can be frozen, garnished or otherwise tampered with. If anyone can help me with this, I would appreciate it more than I could tell you! Thank You! - WhiteH4x0r
Deemarcas Day Profile
Deemarcas Day answered
I don't think so, but if you ask, you'll stir up a bucket of worms. IF IF you get disability and back, I hope you do, but less and less are these days, I'd just leave it be and then I would do the right thing and pay your back support.  It's just going to continue to accumuate.

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