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I'm a Social Security disability advocate and wanted to add some practical advice based on what I've seen with clients in similar situations. When you contact the Texas AG's Child Support Division, ask them to run a "locate" search through their federal databases to confirm his current address and benefit status before submitting the garnishment order. This can prevent delays if SSA has outdated contact information for him. Also, be aware that if he's receiving both Social Security retirement AND a pension from work, the child support enforcement agency can potentially garnish both income sources simultaneously, up to the federal limits. So if he has other retirement income beyond just Social Security, make sure to mention that to your caseworker. One thing that might speed up the process - if you can provide the enforcement office with his approximate benefit start date (since you mentioned he's turning 67 next month), they can coordinate the garnishment timing better with SSA's payment cycles. The sooner you get this process started, the sooner you'll start seeing those long-overdue payments. After dealing with a deadbeat for so many years, you deserve to finally get what your children were owed!
This is excellent advice about the locate search and coordinating timing with his benefit start date! I hadn't thought about the possibility of him having other retirement income that could also be garnished - that could really help speed up paying down the $65k if there are multiple income sources. I'll make sure to ask the Texas AG's office about running that locate search first and I'll give them his approximate benefit start date when I call tomorrow. After reading everyone's experiences and advice in this thread, I'm feeling much more prepared and confident about finally getting this resolved. It's been such a long road dealing with him avoiding his responsibilities, but it sounds like Social Security garnishment is going to be the game-changer I've been waiting for. Thank you for the practical tips from the advocate perspective - it really helps to know what information to have ready when I make that call!
I just wanted to say how helpful this entire thread has been! I'm in a similar situation with my ex owing $38k in back support and he just filed for Social Security disability. Reading everyone's experiences has given me so much hope and a clear action plan. One question I have - for those who have been through this process, did you find it helpful to get a current statement of arrears from your state agency before contacting them about the garnishment? I want to make sure I have the most up-to-date balance including all accrued interest when I start this process. Also, has anyone dealt with a situation where the ex tries to reduce their Social Security benefits somehow to avoid the garnishment? I wouldn't put it past mine to try something like that once he realizes his benefits are being garnished. Thank you all for sharing your knowledge and experiences - it's incredible how much valuable information has been shared here!
Great questions! Yes, definitely get that current arrears statement before you start - it'll save time and make sure everyone's working with the same numbers. Most state agencies can generate this pretty quickly and it should include all interest calculations up to the current date. As for trying to reduce Social Security benefits to avoid garnishment - he really can't do much about that once he's already filed and been approved. Social Security benefits are calculated based on his earnings history and age at filing, so there's no legitimate way to suddenly reduce them just to avoid a garnishment. If he tries to withdraw his application or suspend benefits, the child support enforcement agency will still pursue other collection methods, and he'd lose out on receiving any benefits at all. Plus, suspending retirement benefits doesn't stop the debt from continuing to accrue interest! The beauty of Social Security garnishment is that it's one of the most reliable income sources to collect from - much more stable than wages from employment. Once that garnishment order is in place, the payments will be consistent and automatic. Your ex will quickly realize that trying to game the system isn't worth losing his benefits entirely. Hang in there - you're finally going to see some real progress on collecting what's owed to you!
I'm in a similar boat - 64 and trying to figure out the best strategy before I hit FRA. From what I've gathered reading through these responses, it sounds like the online application will process whatever you choose, but it won't actively advise you on the optimal strategy. @Zoe Papadakis - based on the numbers you shared ($1,640 own benefit vs your husband's $2,800), your spousal benefit would indeed be around $1,400, so your own benefit is clearly higher. The real question seems to be whether you should file now at FRA or delay until 70 for the 8% annual increases. One thing that hasn't been mentioned - if you're still working, make sure you understand how the earnings test works even at FRA. And if you have any ex-spouses you were married to for 10+ years, that could open up additional options an agent would know about. I'm leaning toward trying to get through to an agent myself after reading all this. The peace of mind seems worth the effort, especially when we're talking about decisions that affect the rest of our lives.
@Cassandra Moon You make a really good point about ex-spouses! I was married to my first husband for 12 years but never thought about whether his benefits might be higher than mine or my current husband s.'That s'definitely something the online system wouldn t'know to ask about or compare. I m'starting to think there are just too many variables for the website to handle properly. Thanks for mentioning that - it s'another reason I really need to speak with an agent before making any decisions!
I went through this exact situation last year and ended up doing both - I applied online initially but then called the SSA customer service line repeatedly until I got through (took about 2 weeks of trying). The agent was able to review my online application before it was processed and caught an issue I hadn't considered. In your case, with your own benefit at $1,640 vs. the spousal benefit around $1,400 (50% of your husband's PIA), your own benefit is definitely higher. However, the agent helped me understand the timing implications better. Since you're at FRA now, you could start collecting immediately, or you could delay and earn delayed retirement credits of 8% per year until age 70. The online system will let you choose either option, but it won't run scenarios for you like "if you wait until 70, you'd get $2,050/month, but you'd miss out on 4 years of payments totaling about $78,720." An agent can help you think through your health, other income sources, and family longevity to make that decision. My advice: try the online application to see all the questions they ask, but don't submit it yet. That way you'll be better prepared when you do get through to an agent. The application stays in draft form for 30 days, so you have time to get professional guidance before finalizing.
Just wanted to add another perspective as someone who works in elder law - there's also the option of a prenuptial agreement that addresses some of the financial protections while potentially keeping Social Security benefits separate. Some couples use this approach when the benefit loss would be substantial. Also, if your mom's boyfriend has been divorced himself, it's worth checking if he might be eligible for higher benefits on his own ex-spouse's record rather than just his own work record. Sometimes people don't realize they have multiple benefit options that could change the whole calculation. One more thing - if they do decide to marry, make sure to ask SSA about any potential "protective filing" options. Sometimes there are ways to preserve certain benefit elections or timing that can minimize the financial impact. The rules are incredibly complex and even SSA representatives sometimes miss these nuances, so it's worth asking specifically about all available options for your mom's situation.
This is such valuable legal perspective! I hadn't even considered a prenuptial agreement as a way to potentially protect some benefits - that's definitely something we should explore with an elder law attorney. The point about checking if her boyfriend might be eligible for divorced spousal benefits himself is really smart too. He was married for about 15 years before his divorce, so that could be another avenue to investigate. The "protective filing" concept is completely new to me - I'll make sure to ask specifically about that when we finally get through to SSA. It sounds like there are way more options and nuances than I initially realized. Would you recommend consulting with an elder law attorney before making any final decisions, or is that overkill for this type of situation?
As someone who went through this decision process with my grandmother a few years ago, I want to emphasize how important it is to get ALL the numbers before deciding. We discovered that her boyfriend was actually eligible for survivor benefits from his first wife (who had passed away) that were higher than his own work record - something he had no idea about! This completely changed their financial picture when considering remarriage. Also, don't overlook state-specific benefits that might be affected. Some states have programs for seniors that consider marital status, and the tax implications can be significant depending on their combined income levels. One practical tip: if they do decide to marry, consider having the ceremony right at the beginning of a month. Since SSA benefits stop the month after marriage, this timing can help avoid losing partial benefits mid-month. The emotional toll of this decision is real too. My grandmother struggled with feeling like she had to choose between love and financial security, but ultimately decided that having a legal partner for medical decisions and other life situations was worth more than the monthly difference. Everyone's situation is different, but don't let the financial stress overshadow the personal happiness aspect entirely.
Wow, the survivor benefits angle is something I never would have thought to explore! That's exactly the kind of hidden opportunity that could completely change the math. I'll definitely ask her boyfriend about his first wife's work history and whether he might be eligible for survivor benefits. The timing tip about marrying at the beginning of the month is so practical - these little details can really add up financially. Your point about the emotional aspect really resonates too. Mom has been so stressed about the numbers that I think she's losing sight of why she wants to get married in the first place. Maybe we need to step back and help her think about what's most important for her overall well-being and happiness, not just her monthly budget. Thank you for sharing your grandmother's experience - it helps to know others have successfully navigated this difficult choice.
Based on all the information shared so far, here's what I would recommend: 1. Contact SSA to get a precise calculation of your benefit amounts. Ask specifically about what your benefit would be without the ex-spouse portion, and whether you would qualify for any additional spousal benefits once your new husband files. 2. If the numbers confirm you'll permanently lose that $450/month with no way to recover it through spousal benefits on your new husband's record, you have a financial decision to make. 3. Options to consider: - Postpone marriage until your fiancé claims benefits (though based on the calculations, this may not help) - Proceed with marriage but understand the permanent financial impact - Explore whether other financial benefits of marriage might offset the SS reduction This is ultimately a personal decision balancing financial and emotional factors. Some couples in your situation choose alternative arrangements like a commitment ceremony without legal marriage to preserve benefits.
Thank you for this thoughtful breakdown. I'm going to try to contact SSA to get exact numbers for our situation. We have some serious discussions ahead about whether to change our wedding date or just accept the financial hit. Really appreciate everyone's help in understanding this complicated issue!
I'm a benefits counselor and want to add one more consideration that hasn't been fully addressed: survivor benefits. When you remarry, you're not just thinking about current spousal benefits - you're also potentially gaining access to survivor benefits from your new husband's record if he passes away first. Given that his benefit at age 70 will be $3,200/month, if you outlive him, you could potentially receive 100% of that amount as a survivor benefit (minus any reduction for your own benefit). This could be significantly more valuable long-term than the $450/month you're losing from your ex-spouse benefit. The survivor benefit calculation is different from spousal benefits - it's based on what he was actually receiving (including delayed retirement credits), not just his PIA. So while you might not gain anything from spousal benefits due to your own benefit amount, the survivor benefit could be substantial. This doesn't change the immediate financial impact, but it's an important factor in your overall financial planning as a couple. You might want to factor this into your decision-making process.
This is such a helpful perspective that I hadn't considered! You're right that the survivor benefits could be much more significant than what I'm losing now. If I understand correctly, I could potentially receive his full $3,200/month benefit as a survivor, whereas I'd only get up to 50% of his PIA as a spousal benefit (which might be $0 anyway given my own benefit level). That's a huge difference over time. It definitely adds another layer to think about beyond just the immediate $450/month loss. Thank you for bringing up this important long-term consideration!
Oscar O'Neil
I went through this same confusion about 6 months ago when I was approaching my FRA! What really helped me was calling SSA early in the morning (around 8 AM) when the wait times were shorter - I actually got through in about 45 minutes instead of the usual 2+ hours everyone talks about. The agent I spoke with was really clear about the timeline: your FRA date is the exact day you become eligible, but Social Security pays benefits for entire months only. So if your FRA falls anywhere in September (like your September 18th date), you're entitled to the full September benefit, which you'll receive in October. One thing I wish I'd known earlier - make sure to apply about 3-4 months before your FRA month, not your FRA date. So for a September FRA, you'd want to apply by May or June. This gives SSA plenty of time to process everything and ensures your first payment arrives on time. Also, definitely set up your my Social Security account online if you haven't already. It shows your exact FRA date and lets you track your application status once you file. Way less stressful than wondering what's happening with your case!
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Camila Jordan
•Thanks for the tip about calling early in the morning @Oscar O'Neil! I've been dreading having to call SSA because everyone talks about those horrible wait times, but 45 minutes sounds much more manageable than 2+ hours. I'll definitely try the 8 AM approach if I need to call. Your point about applying 3-4 months before the FRA month (not the exact date) is really helpful - I was thinking about timing it closer to my actual September 18th date, but applying in May or June makes much more sense for processing time. I definitely don't want to risk any delays with my first payment. I keep hearing about the my Social Security account from everyone in this thread, so I really need to stop procrastinating and set that up! It sounds like it would answer most of my questions and give me peace of mind about the exact dates and timeline. Did you have any surprises or unexpected issues during your application process, or did everything go pretty smoothly once you applied in that 3-4 month window?
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Jeremiah Brown
•@Oscar O'Neil That's great advice about calling at 8 AM! I've been putting off calling SSA because I keep hearing horror stories about 3+ hour wait times, but 45 minutes is definitely doable. I'll try that timing if I need to speak with someone directly. Your clarification about applying 3-4 months before the FRA *month* rather than the exact date is really important - I was planning to wait until August to apply for my September 18th FRA, but now I realize I should probably start the process in June or July to be safe. I definitely don't want any processing delays to mess up my first payment timing. I'm also convinced I need to finally set up that my Social Security account everyone keeps mentioning. It sounds like having access to see my exact dates and track application status would eliminate a lot of the anxiety I'm having about this whole process. One quick question - when you applied in that 3-4 month window, did you specify your benefit start date as the month of your FRA, or did the application automatically figure that out based on your birth date? I want to make sure I don't accidentally request benefits to start before I'm actually eligible.
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James Martinez
I'm new to this community but found this thread incredibly helpful as I'm approaching my own FRA situation! Reading through everyone's experiences has cleared up so much confusion I had about the timing. Just to summarize what I've learned from all your responses (please correct me if I'm wrong): 1. Your FRA date is when you become eligible, but benefits are paid for full months only 2. If your FRA falls anywhere in a month (like September 18th), you get the full month's benefit 3. Benefits are always paid the month AFTER they're earned (so September benefits come in October) 4. Payment dates within that month depend on your birth date (1st-10th = 2nd Wed, 11th-20th = 3rd Wed, 21st-31st = 4th Wed) 5. Apply 3-4 months before your FRA month to avoid processing delays 6. The exception is if you're born on the 1st or 2nd - then you're considered to reach FRA the month before This community is amazing - I've learned more here in 10 minutes than I did spending hours on the SSA website! Thank you all for sharing your real experiences and knowledge. It's such a relief to finally understand how this actually works.
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Jean Claude
•@James Martinez Welcome to the community! You ve'summarized everything perfectly - that s'exactly how it works. As someone who was just as confused as you were when I started reading about this, I can confirm that this thread has been incredibly valuable. Your summary is spot-on, especially point #6 about the 1st/2nd birth date exception - that s'one of those details that can really trip people up if they don t'know about it. And you re'absolutely right about learning more here in 10 minutes than hours on the SSA website. The real-world experiences people have shared make all the difference in understanding how this actually works in practice. Since you re'approaching your own FRA, I d'definitely echo what others have said about setting up that my Social Security account online sooner rather than later. It really does help to see your exact dates and estimated benefits laid out clearly. And if you do need to call SSA, try that 8 AM trick @Oscar O Neil'mentioned - it seems to be the magic hour for shorter wait times! Good luck with your application process when the time comes. This community seems like a great resource for any questions that come up along the way.
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