Will his disability be garnished automatically for past child support?

child_support_personQ) Father of child and I, the mother, completed court papers for child support. Father never worked, left us and became homeless and was injured; now I hear the Father may be receiving disability. Child is over 18 years; will his disability be garnished automatically for past child support?

A) If the person receiving disability benefits owes past-due child support, the Social Security Administration (SSA) may withhold up to 50% of their monthly benefits to pay off the child support debt. This is known as an “offset”. The offset happens automatically, so the person doesn’t need to take any action to make it happen.

However, if the person receiving disability benefits is the one who owes past-due child support, their benefits can still be garnished, but it may require a court order or other legal action to initiate the process. The specific rules and procedures vary depending on the state and the circumstances of the case. It’s best to contact your state’s child support agency for more information.

According to Social Security Administration; Your benefits can also be garnished in order to collect unpaid child support and or alimony. Your benefits may also be garnished in response to Court Ordered Victims Restitution. 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. read more

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