Social Security Benefits and Protection from Garnishment

In general, Social Security benefits are protected by federal law from garnishment by most creditors. This means that, for the most part, your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments cannot be seized to pay personal debts such as credit card bills, medical expenses, or unsecured loans.

This protection applies to all types of Social Security benefits, including retirement benefits, disability benefits, and survivors’ benefits. However, there are a few exceptions where Social Security benefits can be garnished.

Exceptions to Social Security Garnishment Protection

While Social Security benefits are largely protected, there are a few situations where your benefits can be garnished:

• Federal Debts: If you owe money to a federal agency, such as for back taxes or federal student loans, your Social Security benefits can be garnished. In this case, the U.S. Treasury Department can garnish your benefits to collect the debt.
• Court-Ordered Child Support or Alimony: If you have overdue child support or spousal support (alimony) payments, a court order can direct the Social Security Administration (SSA) to garnish your benefits to pay those obligations. The amount that can be garnished for child support is usually a percentage of your benefits, but this can vary based on the circumstances.
• Judgments for Debts: In rare cases, if a creditor obtains a court judgment against you, they may be able to garnish your Social Security benefits to pay for things like judgments related to personal injury claims or debts arising from fraud. However, these are limited to certain types of debts, and the garnishment would typically be less than the full benefit amount.

How Much of Your Social Security Benefits Can Be Garnished?

The amount that can be garnished from your Social Security benefits depends on the type of debt. For example:

• Federal Debt: The U.S. Treasury Department can garnish up to 15% of your monthly Social Security benefits to repay federal debts like taxes or student loans.
• Child Support and Alimony: For child support or alimony, up to 50-65% of your benefits may be garnished, depending on the circumstances, such as whether you are supporting another spouse or child.
• Other Debts: Garnishment for other types of debts, such as personal loans or credit card debt, is generally not allowed under federal law, but garnishment can be possible in rare cases involving fraud or court judgments.

How to Protect Your Social Security Benefits from Garnishment

If you're concerned about garnishment of your Social Security benefits, there are a few steps you can take to protect your income:

• Stay Current on Federal Debts: If you owe taxes or federal student loans, make sure to keep up with your payments. If you’re having trouble, consider contacting the IRS or your loan servicer to set up a repayment plan or request relief.
• Stay On Top of Child Support or Alimony: If you’re subject to a child support or alimony order, ensure that you stay current on your payments to avoid any garnishments. If you’re having trouble making payments, it’s a good idea to speak with a family law attorney about modifying the order if necessary.
• Consult an Attorney for Debt Management: If you’re being sued for a judgment debt, consult an attorney about your options. An attorney can help you navigate the process and may be able to help you avoid garnishment.

Can Social Security Disability Be Garnished for Child Support or Alimony?

Yes, Social Security Disability (SSDI) payments can be garnished for child support or alimony obligations, but there are limits to how much can be taken. The specific percentage that can be garnished depends on factors like the number of dependents you support and the type of support obligation.

If you are concerned about child support or alimony garnishments, you should contact the SSA or a family law attorney to understand your specific situation and protect your benefits as much as possible.

What to Do if Your Social Security Benefits Are Garnished

If your Social Security benefits are being garnished, here are some steps you can take:

• Review the Garnishment Notice: Carefully read any notices you receive about garnishment. The notice will explain who is garnishing your benefits and the reason for the garnishment.
• Contact the Garnishing Agency: If you believe that the garnishment is incorrect or too much, contact the agency that is handling the garnishment. You may be able to work out a payment plan or settle the issue.
• Seek Legal Help: If you’re unable to resolve the issue on your own, consider speaking with a lawyer. A disability attorney or family law attorney can help you navigate the garnishment process and protect your rights.