Can creditors garnish Social Security benefits?
Can Social Security benefits be garnished by a creditor?
Social Security says “NO”.
If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).
Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.
However, as noted above, while Social Security benefits cannot be garnished by a creditor, there are times when they can be garnished by the federal government.
When can that happen? Social Security provides the following instances when Social Security benefits can be garnished:
Do Social Security auxiliary benefits reduce child support?
Several people have asked if the auxiliary Social Security benefits (benefits paid the the spouse and children) of a disabled person receiving Social Security Disability Insurance reduce child support or spousal maintenance payments.
Colorado Springs family law lawyer Yolanda Fennick tackles this topic in today’s guest article:
Child support is paid on behalf of minor children who are entitled to support by their mother and father, despite disability. When courts calculate child support, judges initially look at the gross income of mom and the gross income of dad. When one or both parents are disabled, the judge will want to know the amount and source of the Social Security benefit the parent is receiving to begin the analysis in either a child support or maintenance case. The amount of Social Security received may or may not be used to calculate child support.
Can you garnish Social Security disability benefits for child support
A quickie article answering a common question: can you garnish Social Security disability benefits for child support?
Title 2 Disability Insurance (aka SSDI or DIB) benefits can be garnished for child support.
However, Title 16 Supplemental Security Income (aka SSI) benefits cannot be garnished.
This is general information only and not legal advice. Contact a lawyer for advice on your specific circumstances.
