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can Massachusetts take child support from my brothers disability check?

He is 100% disabled, and I was told that DOR can attach his disability check. Is this true?

Update:

he has been disabled for over 25 years, he is not a deadbeat, he was married. he has his 15 year old son who lives with him, but his Daughter s with her mother. he will never be able to work again due to his disability...

7 Answers

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  • Anonymous
    1 decade ago
    Favourite answer

    She should be paying him, not the other way around. Besides, she already gets a social security child's benefit check. Why hasn't he filed against her? He can do it through child support enforcement.

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  • 5 years ago

    Yes, a person can sue for back child support. The fact the children are grown does not change the fact that support is earned. She apparently at one time had an income (this is what is used to establish ho much support needs to be paid) and chose not to pay the child support. His motivation does not matter. She owes the support and chose not to pay it. You say he is trying to kill her but claim not to be over dramatic. Has a police report been made about the threat to her life? Is there a protection order in place? If not, why not. He will not be able to garnish her disability check, however bank accounts can be garnished. WOW, look at all the thumbs down. I did not know there was such support for dead-beat parents. I HIGHLY suspect the sentiment would be different if the sexes were reversed. You say he got custody based on a lie. The courts are not stupid and base their decisions on evidence. Additionally, despite the fact that it should not happen, all things being equal the mother will get custody. The father has to prove the mother should not have custody to win. The lie would have to be something like "she beats the kids". Pretty easy to prove that is a lie and keep custody if it is indeed a lie.

  • Anonymous
    1 decade ago

    Seems like it should be a wash if each one has a kid living with them. However, yes, they can take child support from a disability check and also from unemployment checks. At least Michigan does.

  • 1 decade ago

    I don't know what kind of disability your brother is drawing but I can tell you, for sure, if it's Social Security disability they can definitely garnish his check.....

  • 1 decade ago

    They should. Disabled or not if he kept it in his pants, he wouldn't be responsibility for another life. He did the deed, now he's got to pay for it--literally, apparently.

  • Anonymous
    1 decade ago

    Yes they can up to 50%. Been there done that. And if he were getting unemployment they could get that too.

  • 1 decade ago

    Yes it is.

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