You don't say if you were in arrears , or not , and for how much ?
When you first became disabled , did you file for a modification of Child support ?
If not , why not ?
Are your children receiving dependant benifits from your disability entitlement ?
If not why not ?
If so , again have you filed for a modification , and supplied that info. ?
You should have been given a notice there were going to be a garnishment , and you could have filed for a child support modification .
Can Social Security benefits be garnished to pay a debt?
Section 207 of the Social Security Act (42 U.S.C. 407) Â protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:
Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be garnished to collect unpaid Federal taxes;
Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.
The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act only as long as they are identifiable as Social Security benefits. This applies to money in a bank account where the only payments into the account are from direct deposit of Social Security benefits.
Â NOTE: Supplemental Security Income payments cannot be levied or garnished.[/quote]
Last edited by BL; 01-22-2008 at 10:32 PM.
They ask me what my first name was on a quiz question,and I said I don't know ,What TV show ?
" you can catch more flies with sugar than with Vinegar "