The Federal Government can garnish your SSDI (Social Security Disability) benefits to recover any money owed to it, i.e. back taxes or government backed student loans. SSI (Supplemental Security Income) benefits cannot be taken for child support, loan payments or taxes.
Who can garnish Social Security benefits?
The U.S. Treasury can garnish your Social Security benefits for unpaid debts such as back taxes, child or spousal support, or a federal student loan that’s in default. If you owe money to the IRS, a court order is not required to garnish your benefits.
How does child support affect Social Security benefits?
When determining a child’s monthly SSI benefit, program rules under the Social Security Act exclude from countable income one-third of the child support payment received from the absent parent. The remaining child support payment is subject to the $20 general income exclusion. The balance reduces the child’s monthly SSI benefit dollar for dollar.
Can a child support check be taken from Social Security?
However, many parents who receive Social Security benefits do not also receive paychecks from which income can be withheld. Unpaid child support cannot be taken from Supplemental Security Income (SSI) but can be taken from other types of benefits administered by the Social Security Administration (SSA).
When 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. Child support does NOT come out of SSI benefits.
Is there a way to exclude child support from SSI?
This policy brief analyzes several options for increasing the SSI exclusion for child support. Excluding all child support from countable income would benefit all children who receive child support but would raise equity issues by allowing some individuals with higher income to receive a higher SSI benefit.
