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If You Think Your Social Security Benefits Can’t Be Garnished, You Are Mistaken - AOL.com
Private debtors are allowed to touch your Social Security benefits. Only the Federal Government can. The “can’t leave you with less than $750 isn’t always true; they can leave you with a lot less in certain instances.
Your Social Security can be garnished for unpaid Federal Taxes, Federal Student Loans, and unpaid child or spousal support. Owed Federal taxes and Student Loans are where the $750 minimum applies. They can withhold up to 15% of your benefits as long as it doesn’t leave you with less than $750 per month. Currently, garnishment of federal student loans is paused; however, it is only temporary.
Unpaid Child Support or Spousal Support doesn’t abide by the $750 floor.
Depending on your situation, garnishment is generally limited to:
- 50% of your benefits if you are supporting a spouse or child other than the one you owe back support to.
- 60% of your benefits if you are not supporting another spouse or child
- 55% to 65% of your benefits if there’s evidence you’re more than 12 weeks behind on payments.
This money is taken even if it drops your payments below $750, and you could find yourself with a lot less.
If you are getting close to retirement and getting ready to start your Social Security benefits, and are in any of these situations, try to get it straightened out before you start. Social Security has to honor the garnishment lien, and they can’t help you get it removed.
Supplemental Security Income (SSI) is not subject to garnishment.
Cristy Rakoczy Bieber has written a detailed article on this topic. To read her full article, click here ….
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