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SSDI Garnishment When Not Ordered

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dragon17v

Junior Member
Not sure if this is in right place so please excuse my ignorance I am under a lot of stress...

What is the name of your state? New York

The state that is garnishing my SSD is Massachusetts.

I have 3 children from a previous marriage one lives with me in NY and 2 with their mother in Massachusetts. I am perminantly disabled and recieve SSD, the children get entitlement from this. In our court order the SSD entitlement was ordered to be the support for the children (Approximated at $130 each child monthly at time of divorce, currently $142). The data entry person at DOR that did my case made an error (And I verified this with DOR) and put it in a court ordered support $260 (Call this case B), and they have billed Social Security and began double dipping. When I first recieved notice of the so called order of support in November I called DOR and faxed them all my court papers from teh divorce and called back and went over it with teh worker there. They admitted the error and said it would be straightened out right away. Well here comes the complex part...

I have a different Child support case from years ago ($33 weekly) that I have been paying on since 1993 (Call this Case A) and the account was current. They took the money I pay for the actual ordered support, and sent it off to the person in "Case B" putting me in arrears and assessing me penalties. And now has attached my SSD for $457.20 monthly leaving me and my current family with a megar $584.80 monthly to live on for a bill I don't even owe... My children will have no Christmas from Dad and Step Mom this year as we will most likely lose our rented apartment and have no utilities either... I am very depressed and don't know how this can happen... How can they attach this without an actual court order, and why can DOR be allowed to kill a family like this? What can I do?? Anything legal at all? I know Christmas is lost already and between me and my current wife we have 5 children 4 mine and 1 hers but all 5 our like my own to me. How do I tell my daughter turning 4 on Dec 21st that there is no birthday and santa won't be comming? How do I tell my step daughter that our first Christmas together will not even include a tree? I am afraid I will lose custody of my children cause my heat (Electric) is due to be shut off and I will not be able to maintain my visitation cause I can't afford the gas to Massachusetts now (Usually go every 2 weeks). My current wife works but was also injured on the job and we are already trying to dig out of a large debt aqquired from her injury... PLease tell me I can do something... Social services says I make too much gross before deuctions to get aid from them... All because DOR made a typo and I even corrected it right away but they failed to follow through??


Depressed and Angry in NY:(
 


BL

Senior Member
Not sure if this is in right place so please excuse my ignorance I am under a lot of stress...

What is the name of your state? New York

The state that is garnishing my SSD is Massachusetts.

I have 3 children from a previous marriage one lives with me in NY and 2 with their mother in Massachusetts. I am perminantly disabled and recieve SSD, the children get entitlement from this. In our court order the SSD entitlement was ordered to be the support for the children (Approximated at $130 each child monthly at time of divorce, currently $142). The data entry person at DOR that did my case made an error (And I verified this with DOR) and put it in a court ordered support $260 (Call this case B), and they have billed Social Security and began double dipping. When I first recieved notice of the so called order of support in November I called DOR and faxed them all my court papers from teh divorce and called back and went over it with teh worker there. They admitted the error and said it would be straightened out right away. Well here comes the complex part...

I have a different Child support case from years ago ($33 weekly) that I have been paying on since 1993 (Call this Case A) and the account was current. They took the money I pay for the actual ordered support, and sent it off to the person in "Case B" putting me in arrears and assessing me penalties. And now has attached my SSD for $457.20 monthly leaving me and my current family with a megar $584.80 monthly to live on for a bill I don't even owe... My children will have no Christmas from Dad and Step Mom this year as we will most likely lose our rented apartment and have no utilities either... I am very depressed and don't know how this can happen... How can they attach this without an actual court order, and why can DOR be allowed to kill a family like this? What can I do?? Anything legal at all? I know Christmas is lost already and between me and my current wife we have 5 children 4 mine and 1 hers but all 5 our like my own to me. How do I tell my daughter turning 4 on Dec 21st that there is no birthday and santa won't be comming? How do I tell my step daughter that our first Christmas together will not even include a tree? I am afraid I will lose custody of my children cause my heat (Electric) is due to be shut off and I will not be able to maintain my visitation cause I can't afford the gas to Massachusetts now (Usually go every 2 weeks). My current wife works but was also injured on the job and we are already trying to dig out of a large debt aqquired from her injury... PLease tell me I can do something... Social services says I make too much gross before deuctions to get aid from them... All because DOR made a typo and I even corrected it right away but they failed to follow through??


Depressed and Angry in NY:(


Did you get the Error in writing ?

If not request it and send a copy RRR Certified mail , to whom ever is taking more than they should , and request a reply Immediately .

Send a copy of any and all documents .

You may have to File for a modification through the Court(s) to get the issue solved .

You say you were ordered to pay 130 per child = 260 .

So your only beef is that you were/are current with the other support , but they in turn say your in arrears .

Again send these folks proof of payments , and demand the adjust accordingly .

In my experiences though , it takes a Petition of modification through the Courts .

As far as explaining to the kids ? Well explain you've run into hard times , and not all families are fortunate enough to have things all the time . Before doing that try out the salvation Army or some such organization for holiday help . They often have toys too.
 

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