Understanding the Garnishment of Social Security for Child Support
Introduction
Your child support enforcement agency will typically handle the garnishment process for Social Security benefits. The percentage of the benefit that can be garnished can vary depending on several factors, such as the existence of arrears and the number of children involved in the support order.
The Typical Garnishment Percentage
In many cases, 65% of Social Security benefits can be garnished for past due child support if the non-custodial parent is more than 12 weeks behind on payments. If there are more than one child for whom support is court ordered, the garnishment percentage can reach up to 90%, divided equally between the children.
Application Process for Child Support
If you are receiving Social Security benefits and are owed child support, the custodial parent or you can apply for the additional support supplement. The Social Security Administration (SSA) will review the application and may provide a child support supplement based on the court-ordered amount.
Dependent Allocation for Minor Children
Minor children who have a parent on Social Security Disability Insurance (SSDI) or Social Security Retirement may be eligible for a dependent allocation. However, it is not automatic and the state law will determine how allocation interacts with child support obligations. In some cases, a modification of the child support order may be necessary.
SSDI and Child Support Garnishment
Individuals on SSDI can have their benefits garnished to pay child support, but the amounts are subject to a statutory cap. According to the AARP, the Consumer Credit Protection Act (CCPA) allows for a maximum garnishment of 50% of benefits for unrelated individuals, such as a child, and 60% if the individual is supporting the child apart from the subject of the court order, with an additional 5% if the individual is 12 or more weeks in arrears.
Economic Impact of Garnishment
The average monthly SSDI payment as of June 2020 was approximately $1,256.98. When 65% of this amount is garnished, the custodial parent receives about $817.49, while the non-custodial parent is left with about $441.59. When 90% is garnished, the non-custodial parent is left with only $368.39.
Legal and Ethical Considerations
Garnishing substantial portions of Social Security benefits can have severe economic impacts on the non-custodial parent, potentially leading to financial hardship and even incarceration if arrears are not paid. This can lead to a situation where one parent is dependent on government assistance to support the child, essentially making the child a taxpayer burden. Additionally, such garnishment policies seem contradictory to many ethical standards, as they penalize individuals for disabilities and do not necessarily alleviate overall financial stress on the child or ensure a more stable living situation for the child in both homes.
Conclusion
The garnishment of Social Security for child support can be a complex and economically challenging issue. While it is intended to ensure financial support for children, it often results in significant difficulties for the non-custodial parent. It is crucial to consider the long-term impacts and to strive for alternative solutions that better support the well-being of both the child and the parents involved.