Can Child Support Be Taken From a Social Security Check?
Social Security disability and retirement benefits are protected from garnishment, with a few exceptions, as of 2010. These include child support payments that are set out in an official divorce decree or a child-support order, signed by a judge and entered into the record by a clerk of court. If the Social Security Administration (SSA) receives such an order, or is informed of one by the beneficiary, the agency will take steps to meet the child-support obligations, if required, by withdrawing them from the monthly benefit payments.
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Deductions
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Anyone receiving Social Security disability, and subject to a child-support order, may have his benefits attached or garnished for child-support payments. The court that holds jurisdiction over the divorce decree and child-support order must first issue an order advising SSA, which will deduct the monthly amount from your disability payment.
Dependent Benefits
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Dependent children of a Social Security disability beneficiary may be eligible for dependent benefits. The beneficiary must apply to SSA, which subjects each household to a maximum amount of family disability benefits. A court handling a child-support case may consider the family benefits paid to the children as child support, up to the total child support obligation of the non-custodial parent.
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SSI Benefits
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Supplemental Security Income (SSI) beneficiaries who have no other source of income cannot be ordered to pay child support. SSI is a program for people who are elderly or disabled and unable to work, but who do not have sufficient paid-in work credits to draw ordinary retirement or Social Security disability. In most states, SSI benefits are not counted as income on child-support worksheets.
Modification
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Anyone who is subject to a child-support order, and subsequently loses regular employment income to be replaced by SSI benefits, should inform the court handling the child-support case, and petition for a reduction in child-support payments.
Garnishment
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If you are receiving Social Security benefits, and are subject to an order of garnishment for delinquent child-support payments, you may find your bank account frozen and your funds withdrawn to meet that obligation. Social Security benefits are normally exempt from debt collectors and other private creditors, but they are not protected from outstanding child-support orders.
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References
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