Am I Liable to Pay Child Support Out of My Social Security Disablilty Check?
The Social Security Administration (SSA) assists people in the United States financially through several different programs. Social Security disability programs, for example, help those who cannot make ends meet because of a physical inability to work. Child support is a frequent judgment that often gets tied up with Social Security disability payments. Garnishment of Social Security disability benefits for child support is not always permissible, but is lawful under certain circumstances.
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General Rule
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Typically, most types of Social Security benefits, including disability payments, are protected from garnishment under Section 207 of the Social Security Act (42 U.S.C. 407). This law states that Social Security monies can't be included for garnishment. However, child support falls under one of the exemptions to Section 207. Depending on the type of disability you receive, courts may consider the benefits as income and include your Social Security disability in a child support judgment order.
Types of Social Security Disability
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Social Security offers two primary programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI is funded through your Social Security taxes -- that is, through the Social Security Trust Fund. It is a substitute for lost wages and is intended for basic expenses like food and housing. You don't necessarily have to be low-income to receive SSDI. In contrast, SSI funding comes through general taxes. It is a form of public welfare intended to help low-income people, including the disabled.
The type of Social Security disability you receive has an impact on whether the government can garnish your benefits for child support. Because of the difference in how the government funds SSDI and SSI, SSDI is subject to garnishment. SSI, as money from a welfare program, is not subject to garnishment.
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Provision for Garnishment
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Garnishment of SSDI benefits is protected by Section 459 of of the Social Security Act. This same provision also permits the government to garnish SSDI for alimony. Laws also permit garnishment of Social Security for the payment of taxes or to pay a federal debt. General creditors cannot garnish SSDI directly. For example, your spouse cannot buy food and clothes for your child on a credit card and then tell the credit card company you are liable for the incurred debt. Your spouse can, however, get a garnishment order so she can use the SSDI money to pay the general creditor.
Illegal Garnishment
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Occasionally, banks and other institutions mistakenly garnish Social Security monies. Some creditors and lenders also try to garnish disability payments. In these cases, you should bring the exceptions to Section 207 to the attention of the offending institution or creditor/lender. These exceptions essentially become your defense against improper garnishment. It's best to put your disability monies in a separate bank account and use direct deposit through the Social Security Administration so you have proof the money is coming from the government. You may need to hire an attorney if the illegal garnishment continues. This isn't always easy due to the expense of legal help, particularly for those who receive SSI.
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References
- Social Security Home: Can My Social Security Disbility Be Garnished to Pay Child Support Payments?
- Social Security Administration: Benefits for People With Disabilities
- Social Security Administration: Frequently Asked Questions
- Social Security Administration: Supplmental Security Income
- Social Security Administration: Trust Fund FAQs
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