Family Law
Family Law
Family Law
Family Law
Divorce
Divorce
Divorce
Divorce
High-Asset Divorce
High-Asset Divorce
High-Asset Divorce
High-Asset Divorce
Modifications
Modifications
Modifications
Modifications

Garnishment of Social Security benefits for child support

| Mar 27, 2015 | Child Support |

When a noncustodial parent in California does not make the child support payments that they were ordered to make, their monthly Social Security income may be garnished. Supplemental Security Income, which is considered a type of welfare, cannot be garnished for back child support. However, disability benefits, survivor benefits, retirement benefits and other earned Social Security benefits may be subject to garnishment.

Before a noncustodial parent’s Social Security benefits can be garnished for child support enforcement, the custodial parent must make a request with their local Social Security office. The parent making the request would need to present an income withholding order to the Social Security office that they received from a judge. A judge will only issue an income withholding order if the custodial parent is able to prove that they are not receiving child support payments.

Once the Social Security office has an income withholding order, they are entitled to garnish as much as 65 percent of the parent’s monthly benefits. The amount that is garnished will depend on the parent’s financial circumstances and whether the parent has other dependent children or not. If the parent stops collecting Social Security benefits, the order for income withholding will remain in their file.

A parent who has gotten behind on child support payments and is at risk for having their income garnished might want to speak with an attorney. If the parent has had a change in financial circumstances since the initial child support order was issued, an attorney may be able to help them to request child support modification.

What Our Clients
Say About Us

View More Testimonials
"Kennedy helped me with my legal issue and was just amazing throughout the whole process. He was always available to explain everything to me and really put my mind at ease. I am not an easy person to work with and Kennedy really helped me calm down and guided me through my issue. I could not have obtained the result I did without Kennedy's expert assistance. His command of the law is truly impressive." — Jeff
"Even though Kennedy looks like a 17 year old, he is impressive in his knowledge of law, his intuition of the case and his strategies for settlement. He seems equally capable and comfortable in the courtroom or at the settlement table. He helped me weigh the facts, consider the emotions and evaluate the cost of my case. He leans toward the collaborative style of divorce and I believe wants the best for his clients. In partnership with Cristin Lowe, they make an impressive team." - William
"Kennedy also helped me relax as much as possible. The emotional cost in such cases is extremely high. Kennedy would help manage this and understood the struggle I faced. He acted with great professionalism and with compassion to help me work through the case..." - Robert