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Social Security benefits for Child support?

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tip714

Junior Member
I am 23 yrs old. I live in AL (U.S.). My father passed away in 2003. I was denied his social security benefits because the law had changed and would only allow his spouse to be the beneficiary because I was no longer of school age, but his wife passed away 4 months prior to his passing. He has been receiving back child support statements and my question is: Can I receive his social security as back child support? I have completed my undergraduate education and am headed to medical school, but money is getting tight.
 
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Gracie3787

Senior Member
I am 23 yrs old. I live in AL (U.S.). My father passed away in 2003. I was denied his social security benefits because the law had changed and would only allow his spouse to be the beneficiary because I was no longer of school age, but his wife passed away 4 months prior to his passing. He has been receiving back child support statements and my question is: Can I receive his social security as back child support? I have completed my undergraduate education and am headed to medical school, but money is getting tight.
No. However, your mother might be able to since the money is owed to her. tell her to get a consult with an attorney.
 

nextwife

Senior Member
Social Security is NOT a "savings account", it is an insurance policy. If dad is deceased the ONLY parties entitled to benefits under his credits are those specifically provided for by social security: minor children and spouses. The unused SS benefits go back into the SS pool.

If mom was married to dad 10 or more years, and has not remarried, she will be eligible to retire on either his or her own SS creditswhen she attains the required age.
 
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BL

Senior Member
I am 23 yrs old. I live in AL (U.S.).
My father passed away in 2003. I was denied his social security benefits because the law had changed and would only allow his spouse to be the beneficiary because I was no longer of school age, but his wife passed away 4 months prior to his passing.
This would be survivors benefits .

He has been receiving back child support statements and

my question is: Can I receive his social security as back child support?
No.

If your mother hasn't remarried , she should have been eligible for survivors also .

I have completed my undergraduate education and am headed to medical school, but money is getting tight.
Regarding SS for Child support , this has to do with an individual receiving SS benefits .

Question
Can Social Security benefits be garnished to pay a debt?

Answer
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.

 NOTE: Supplemental Security Income payments cannot be levied or garnished.[/quote]
 
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nextwife

Senior Member
Can Social Security benefits be garnished to pay a debt?

Answer
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.

 NOTE: Supplemental Security Income payments cannot be levied or garnished.[/quote]
You can't garnish a third parties SS benefits to collect for a decedent's debts!. The section on garnishment only applies to SS benefits being RECEIVED by a party who owes CS or student loans, not to a debt of the decedent!
 

BL

Senior Member
You can't garnish a third parties SS benefits to collect for a decedent's debts!. The section on garnishment only applies to SS benefits being RECEIVED by a party who owes CS or student loans, not to a debt of the decedent!
Agreed .

I did not state or imply any differently .

I did answer the question with, No.
 

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