My ex-husband started drawing social security and my child gets a monthly check from ss now, can he stop paying child support?

Under Georgia child support guidelines, the payor of child support is entitled to credit for some social security payments paid to the child. However, that credit, if allowed, is just an offset against liability, and is not an excuse to abandon all obligations. You should pursue a motion for contempt and the Judge will instruct him as to what his current obligation is.

To add to what my esteemed colleague Attorney Zezima explained, your ex may be in for a rude awakening. The Social Security system allows garnishment of Social Security benefits for child support obligations and arrearages, it limits the garnishment amount to the lesser of the State maximum or the maximum under the Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)) and is based on the law of the State where the beneficiary resides. Hereafter, the CCPA limit is referred to as the “Federal” limit. The CCPA limits garnishment to: 50%, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered. 60%, if the beneficiary is not supporting another spouse and/or child. 55% or 65% respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears. NOTE: SSI payments are not subject to garnishment. State-Federal Interaction on Child Support Enforcement, per the feds: "The Child Support Enforcement (CSE) Program is a Federal/state/local partnership to collect child support: We want to send the strongest possible message that parents cannot walk away from their children. Our goals are to ensure that children have the financial support of both their parents, to foster responsible behavior towards children, to emphasize that children need to have both parents involved in their lives, and to reduce welfare costs. The Federal CSE Program was established in 1975 as Title IV-D of the Social Security Act. It functions in all states and territories, through the state/county Social Services Department, Attorney General's Office, or Department of Revenue. Most states work with prosecuting attorneys, other law enforcement agencies, and officials of family or domestic relations courts to carry out the program at the local level. Native American Tribes, too, can operate child support programs in the context of their cultures and traditions with Federal funding. State Child Support Programs locate noncustodial parents, establish paternity, establish and enforce support orders, modify orders when appropriate, and collect and distribute child support payments. While programs vary from state to state, their services are available to all parents who need them. The Federal Office of Child Support Enforcement (OCSE) is part of the U.S. Department of Health and Human Services. It helps states develop, manage, and operate their programs effectively and according to Federal law. OCSE pays the major share of state program operating costs, provides location services, policy guidance and technical help to enforcement agencies, conducts audits and educational programs, supports research, and shares ideas for program improvement. We believe that child support enforcement provides hope as well as support to America's children. We dedicate this Handbook to the millions of parents who put their children first by responsibly providing for their emotional and financial support."

Your ex-husband would be entitled to an offset of his child support amount based on the social security payments. However, the offset that he is entitled to must be established by court order. Until he has the child support order modified, he is required to continue paying the support amount in the existing order. Social security payments does not entitle your ex-husband to cease paying his portion of the children's medical expenses. Though your ex-husband is entitled to modification of his child support payments, he may be in contempt for his failure to pay his existing support. You should consider filing an action for contempt against him for the amounts that are outstanding. You may want to speak with an attorney about your options. Good luck. ~ Kem Eyo