Social Security Benefits

[msamsswan]

Can my husband social security check be taken if he owes back child support arrears?

Can he collect my social security benefits while I am still working?
.
Atlanta, Ga

[Mr. Knowitall]

Can my husband social security check be taken if he owes back child support arrears?

It depends on what benefits we're discussing. The law permits, under some circumstances, garnishment of up to 15% of benefits.

Can he collect my social security benefits while I am still working?

What type of Social Security benefits?

[Barbie]

Ga: Law says
Social Security and Garnishment:
Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The following benefits are exceptions and subject to garnishment:

(1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and

(2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation.

Section 207 of the Social Security Act provides: "The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

However, section 6331 of the Internal Revenue Code of 1954 (26 U.S.C. 6331) which was enacted into law on August 16, 1954, after the enactment of section 207, gives the Secretary of the Treasury the right to levy or seize for collection of delinquent Federal taxes, property, rights to property, whether real or personal, tangible, or intangible and the right to make successive levies and seizures until the amount due, together with all expenses, is fully paid.

Special Note:
The Social Security Administration (SSA) recently changed it's rules to allow the collection of overdue Program and Administrative Debts using Administrative Wage Garnishment !

The regulations dealing with the collection of program overpayment debts that arise under titles II and XVI of the Social Security Act (the Act) and administrative debts owed to the SSA have been modified. Specifically, the change establishes new regulations on the use of administrative wage garnishment (AWG) to collect such debts when they are past due. AWG is a process whereby the SSA orders the debtor's employer to withhold and pay the SSA up to 15 percent of the debtor's disposable pay every payday until the debt is repaid.

The employer is required by law to comply with the AWG order. These new rules are effective January 22, 2004

Not all states have the same law I looked this up simply because I know my state would of said no.