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Can the government take child support from your social security?

On Behalf of | Feb 12, 2017 | Child Custody

Yes, not only can the government deduct your social security but they can do it for retirement or disability, and they can garnish up to 65 percent (or more in some situations). It is, therefore, imperative that you avoid falling behind on your child support payments or your financial situation could become even more precarious. This post will go over how your social security can get garnished and what you can do to avoid that result.

The Social Security Administration (SSA) is responsible for disbursing social security benefits and garnishing them, if necessary. To obtain a garnishment request, your ex-partner would submit a court order of garnishment to the SSA. You can obtain these orders by submitting evidence to the court establishing that the paying spouse is not meeting their obligations.

Under current regulations, the SSA may garnish up to 65 percent of benefits. But, under new Treasury guidelines, states are required to monitor accounts and assets to identify people who are behind on their child support. If a state identifies such an account, such as an account holding the remainder of your social security benefits, the state may seize it to satisfy the unpaid support. Therefore, in some situations, you could lose 100 percent of your benefits.

You can avoid this result by seeking a modification order before you fall behind. A lawyer can help you obtain a modification of your support obligations.

If you are struggling to meet your support agreement obligations, you may want to consult with a lawyer for assistance. As you can see, it is far better to seek a child support modification order rather than try and avoid your obligations on your own. An attorney can help you file the paperwork and gather evidence to modify your child support order. You don’t want to risk your financial solvency because you did not address overwhelming child support obligations, a lawyer can help.


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