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Arrearage and SS retirement

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Gypsygirl

Junior Member
What is the name of your state? NY, ex in IL now

I am writing for a friend. She is owed about $60,000 in unpaid CS, her kids are over 30 now. Ex remarried some ex hippie who was his business partner and stole all his savings and from the business they owned together. So he has had no assets to go after since his second divorce.

She heard he remarried a third time 10 years ago, moved to a different state and now has two kids. He is 61. She has also heard that his wife has now filed for seperation and support. Will my friend be able to garnish his SS payments? Will she have to wait for him to file or can she file to start getting money when he becomes eligable, even if he wants to wait until full benefit age?

How is the SS divided up? Is the arrearage first, since he woed it before these kids were born? What about his wife of 10 years? Is some of his benefit now going to go to her? Will her amount be AFTER the arrearage gets paid since he owed this before marrying her??
 


kat1963

Senior Member
What has she done to collect on the child support that is owed and when did she last act on it? Because if you say nothing or 20 years ago then if he gets a lawyer she could likely wind up with just that…nothing. I certainly hope she wasn’t considering this part of her retirement fund. Just because her state might consider c/s arrears as being due until death & beyond does NOT mean that the court can’t rule differently. Look up "doctrine of laches" .

KAT
 

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