SSD and back child support

[Kelly Burr]

What is the name of your state (only U.S. law)?nv Can SSD be garnished for back child support if it is the only source of income? He has been permanently disabled since 2003.

[BL]

Can Social Security benefits be garnished, levied or otherwise withheld by the Federal government?

Answer
Yes. There are a number of instances where the Federal Government can garnish Social Security benefits, including:

We can garnish benefits to enforce child support and /or alimony obligations -Section 459 of the Act; The Internal Revenue Service can levy against benefits to collect unpaid Federal taxes -Section 6334(c) of the Internal Revenue Code;
The Internal Revenue Service can collect taxes due by levying up to 15 percent of your monthly benefit until the debt is paid;
The Internal Revenue Service allows beneficiaries to have a portion of their check withheld to satisfy a current year Federal income tax liability - Section 3402 (P) of the Internal Revenue Code; and
Other Federal agencies can collect money from your benefits to pay a non-tax debt you owe to that Agency - Debt Collection Act of 1996 (Public Law 104-134).

[Kelly Burr]

He is receiving SSDI due to permanent disability in Dec 2003. He can no longer work.

[phase08]

Doesn't matter; they can still garnishee for child-support. The child still had to eat and get shelter, clothing, etc. whether he is able to work or not.

[Kelly Burr]

Children in question are 35 and 37 years old. NCP was paying arrears until catastrophic illness in 2003. Has been permanently disabled since then. We are now trying to decipher between SSDI and SSI. Some of my paperwork for him says SSDI and others say SSI. Just trying to get a handle on the situation. I have power of attorney and need to know what is legal and correct. Thanx for any information.

[BL]

Originally Posted by Kelly Burr

Children in question are 35 and 37 years old. NCP was paying arrears until catastrophic illness in 2003. Has been permanently disabled since then. We are now trying to decipher between SSDI and SSI. Some of my paperwork for him says SSDI and others say SSI. Just trying to get a handle on the situation. I have power of attorney and need to know what is legal and correct. Thanx for any information.

There's no need to start multiple threads on the same subject .

When did SSDI start and what has CS enforcement done since the SSDI started to enforce ?

[Kelly Burr]

SSD began in 2004. County has pretty much pushed the case off to the side, esp. after we submitted modification papers. The CP then contacted Supportkids, and they have been unsuccessful in collecting. I understand that Supportkids then turned the case over to a third party, legal firm, for repayment of defaulted loans. It has come up in conversation that because it went to Supportkids/third party that it can be dischaged in bankruptcy court. Don't know whether that is true or not. We received notice from SS that beginning Oct, they will be taking 65% of his SS check. When I did the modification, after all his expenses were paid, he had a whopping $37.00 left. The Dr's just told us that he is in renal failure, and dialysis is the next step. When I went to the County website, the documents as of 2007 said case closed. So, as you can see, I am confused. Any info. is much appreciated.

[BL]

Originally Posted by Kelly Burr

SSD began in 2004. County has pretty much pushed the case off to the side, esp. after we submitted modification papers. The CP then contacted Supportkids, and they have been unsuccessful in collecting. I understand that Supportkids then turned the case over to a third party, legal firm, for repayment of defaulted loans. It has come up in conversation that because it went to Supportkids/third party that it can be dischaged in bankruptcy court. Don't know whether that is true or not. We received notice from SS that beginning Oct, they will be taking 65% of his SS check. When I did the modification, after all his expenses were paid, he had a whopping $37.00 left. The Dr's just told us that he is in renal failure, and dialysis is the next step. When I went to the County website, the documents as of 2007 said case closed. So, as you can see, I am confused. Any info. is much appreciated.

Visit your local SSA office ASAP with all paperwork and info. you have .

[phase08]

Regardless of how old the children are NOW, at some point when they were underage he was in arrears. Someone provided for them when he - for whatever reasons - didn't. Therefore, he will owe until it's paid off. As other member said, SSA office can help to straighten out the paperwork.

[BL]

Even if they uphold the garnishment ,the amount may be able to be lowered.