Users' questions

Can SSI back pay be garnished?

Can SSI back pay be garnished?

SSI payments cannot be levied or garnished. Treasury’s Financial Management Service can also offset, or reduce, your Social Security benefits to collect delinquent debts owed to other Federal agencies, such as student loans owed to the Department of Education.

How does child support come out of SSDI?

Child support can be taken out of SSDI (disability) benefits. So, if you were to start receiving disability benefits and you did not pay your child support, the local child support agency can garnish your benefits just as it would from your paycheck.

Can a disability benefit be taken or seized for child support?

SSI recipients cannot have their monthly SSI disability benefits seized, or any past due SSI benefits (backpay) seized to pay child support or alimony arrears.

Can my SSDI backpay be garnished for child support?

A court can include your SSDI backpay and monthly disability benefits when calculating your monthly child support obligation. And, because of this, the benefits can be seized to pay your back child support. Generally, Social Security and other federal benefits are exempt from garnishment by creditors and bill collectors.

Do you have to pay child support if you are disabled?

If you become disabled and receive this benefit, your child support obligation does not stop. Even if the amount you receive in benefits is considerably less than what you made when you were employed, you must continue to pay the court ordered amount.

Does child support come out of SSI?

Under federal law, SSI cannot be taken to pay child support, at least not involuntarily. If a noncustodial parent chooses to pay child support out of their SSI benefits, that’s another story. The local child support agency cannot take child support out of a parent’s SSI benefits because federal law prohibits this practice.

How does Social Security affect child support?

The child’s receipt of social security benefits does not affect the amount of child support payments that the non-custodial parent has to pay. Therefore, if you are obligated to pay child support, the amount of social security benefits the child receives will not reduce your child support obligation.

What are the benefits of child support?

Child support provides a significant source of income for poor families. Child support also reduces the number of poor children by a half million and lessens income inequality among children eligible for it.

Can child support take disability?

Child support can be taken from your retirement and disability benefits. One exception to this is any Supplemental Security Income , or SSI , you may be receiving.