Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Social Security Benefits

    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

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Social Security Benefits

    Quote Quoting msamsswan
    View Post
    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.
    Quote Quoting msamsswan
    Can he collect my social security benefits while I am still working?
    What type of Social Security benefits?

  3. #3
    Join Date
    Jul 2009
    Posts
    3

    Default Re: Social Security Benefits

    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.

    1. Sponsored Links
       

Similar Threads

  1. Survivors Benefits: Social Security Benefits For a Widower
    By floridabill50 in forum Social Security Law
    Replies: 1
    Last Post: 01-18-2009, 02:47 PM
  2. Social Security Issues: Social Security Benefits and Minor
    By 4099foxboro in forum Social Security Law
    Replies: 1
    Last Post: 07-19-2008, 11:32 AM
  3. Survivors Benefits: Social Security Benefits
    By olefool2 in forum Social Security Law
    Replies: 2
    Last Post: 01-27-2008, 11:09 PM
  4. Social Security Issues: Social Security Benefits After Turning 18
    By PCGeekz in forum Social Security Law
    Replies: 4
    Last Post: 10-04-2007, 11:36 AM
  5. Disability Benefits: IRA Inheritance and Social Security Benefits
    By raindove in forum Social Security Law
    Replies: 1
    Last Post: 02-27-2006, 08:33 AM
 
 
Sponsored Links

Legal Help, Information and Resources