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Thread: Wcmsa

  1. #1
    Join Date
    Feb 2020

    Default Wcmsa

    I've been getting a Medicare set aside for the past few years, and today I got a notice from child support saying they are going to deduct back child support. My kids are in there mid 30's.
    They already take 5% from my SSDI.

    I was under the impression that CMS set asides are protected and can't be touched by anyone. Is this true?

    I'm the administrator of the account. It's a WCMSA annuity paid to me every year.

    Would love any input.

  2. #2
    Join Date
    Oct 1971

    Default Re: Wcmsa

    I was under the impression that CMS set asides are protected and can't be touched by anyone. Is this true?
    What are you basing that "impression" on?
    Child support is exclusive, they can and will seize anything they can get their hands on, including your soul.

    Technically that money's yours, if you haven't been or ever will use it to fulfill the terms of the set aside, it's yours to keep.
    No one's bound to the terms of that set aside but you - as long as that money's sitting in an interest bearing checking account that's in your name, it's up for grabs.
    You're at the mercy of the system, you need to be diplomatic and work all angles.

    Call your Medicare worker and see if they'll give you credit for money seized from the account for child support - you'll need to submit receipts.
    Call the friend of the court and see if they'll give leniency because of the circumstances.
    Go to the bank and see if you can legally protect a set aside from seizure for child support, don't hold your breath.

    As far as I'm concerned these Set Aside's are a too complicated, unenforceable and need to be done away with - Just make the carrier pay a deductible to Medicare on future medical and be done with it (that's too simple)

    Good Luck
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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