Frequently Asked Questions about Social Security Disability
Are retroactive SSDI benefits subject to child support garnishment?
Yes.
In May 2008, States gained access to the Social Security Disability Insurance (SSDI or Title II) pending claims file. Matches from the Title II pending file are returned daily. Child support enforces consider it a simple process to issue a garnishment notice of a pending claim, and then await follow-up from SSA when benefits are approved and issued. This enables child support agencies to be in position to withhold from lump sum retroactive benefit amounts in addition to ongoing current entitlements. More information about the data from the State Verification and Exchange System (SVES) which is given to the Social Security Administration (SSA) is at the government's Administration for Children and Families website. The system provides child support agencies with date on retirement, disability, survivors and dependent benefit information as well as prisoner locate information. There are court cases that say that Social Security payments, to which the child was entitled based on the father's disability, should be credited against the father's child support obligation.
Social Security regulations that protect your SSDI benefits from garnishment by other creditors do not apply to child support obligations. The POMS Sections on Garnishment, Garnishment orders, Processing garnishment orders, and calculation of garnishment withholding.
Are SSI (Supplemental Security Income) payments subject to child support garnishment?
No.
