Can Social Security retirement benefits be garnished for $65k in unpaid child support?

YES! Social Security benefits CAN be garnished for child support and alimony! This is actually one of the few types of debt they can take from SS benefits. You need to contact your state's child support enforcement agency with his SSN and they will handle the garnishment process with SSA. They can take up to 65% of his benefits depending on if he's supporting other dependents currently. Don't delay - get this process started ASAP!

my brother had to pay back child support from his SS check. they took like 50% i think. his ex was owed wayyyy less than what your talking about though.

I'm dealing with something similar but only $12k owed to me. Did you already have a court judgment for the amount? I'm told that's what you need first, then you take that to the child support enforcement office and they do the work with SSA. They handle all the paperwork so you don't have to try contacting Social Security yourself which is IMPOSSIBLE these days!!

If you're having trouble getting through to Social Security to verify any of this, try Claimyr.com - I used them when I needed to reach SSA about my disability appeal. They hold your place in line and call you when an agent is available. Saved me from having to redial 50 times! They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU

My friend who's a family lawyer says retirement, disability, and even SSI can be garnished for child support (but SSI can only be garnished for child support, not regular debts). But she said you NEED to know his Social Security number or it's really hard to enforce. Do you have his SSN???

Former state child support enforcement specialist here. Yes, Social Security benefits are absolutely garnishable for child support arrears. The process works like this: 1. Contact your state's child support enforcement agency (the one that has jurisdiction over your case) 2. Provide them with the court order, arrears calculation, and his SSN 3. They will issue an income withholding order to SSA 4. SSA will implement the withholding The fact that your children are now adults does NOT matter. There is generally no statute of limitations on child support debt. As long as you have a valid judgment, it can be collected. The withholding amount will depend on several factors, but federal limits allow up to 65% of disposable income for child support arrears in certain circumstances. One important note: if he receives SSI instead of regular retirement benefits, different rules apply, as SSI is considered a needs-based benefit.

I think alot of people don't realize SS can be garnished for certain things!!! For most debts they CANT touch your SS but for child support, alimony, federal taxes and student loans they CAN take a big chunk!!!

good luck getting your money!! my cousin ex never paid and she finally got him when he filed for disability! she got a big chunk of his backpay too not just the monthly checks

To add to the excellent advice already given, I want to clarify a point about jurisdiction. Since you mentioned he's moved from Texas to Florida, you'll want to work with Texas (the original jurisdiction) but they may need to coordinate with Florida through something called the Uniform Interstate Family Support Act (UIFSA). This allows enforcement across state lines. Also, make sure your arrearage calculation includes any legal interest that Texas allows on unpaid support. In Texas, interest on child support arrears accrues at 6% simple interest, which over many years could significantly increase the amount he owes beyond the base $65,000. If your case isn't already with the Texas Attorney General's Child Support Division, I strongly recommend transferring it there. They have direct electronic interfaces with SSA for income withholding.

Just want to add one more important tip - make sure you keep detailed records of ALL communication with the child support enforcement agencies and any payments you receive once the garnishment starts. I've seen cases where there were discrepancies in payment tracking between the state system and what actually got withheld from SS benefits. Having your own documentation will protect you if there are any issues down the road. Also, don't be surprised if the first few months are inconsistent while all the systems sync up - it's frustrating but normal. You've waited this long, so hang in there! The fact that he's finally going to have a steady income source that can't be easily hidden is going to make all the difference.

I went through this exact situation with my ex-wife about 3 years ago. She owed me $42k in back support when she started drawing Social Security disability. The key thing that helped me was getting everything transferred to my state's official child support enforcement office instead of trying to handle it myself through private attorneys. Once they took over, they had direct access to SSA systems and could set up the garnishment much faster. In my case, they were able to withhold 60% of her monthly benefit since she wasn't supporting any other dependents at the time. The process took about 4 months from start to finish, but that included time to get all my documentation organized. One thing to be prepared for - they'll also go after any lump sum payments he might be entitled to, like back benefits if his claim gets approved retroactively. In my case, that's where I recovered the biggest chunk of what was owed. Make sure you ask the enforcement office specifically about intercepting any lump sum payments, not just the monthly garnishment. The best part is once it's set up, you don't have to chase him anymore - the money comes directly to you through the state disbursement system. After years of him dodging payments, it was such a relief to finally have consistent collections.

I'm going through something very similar right now - my ex owes about $45k in back support and just started collecting Social Security retirement last month. I contacted my state's child support enforcement office three weeks ago and they've already submitted the income withholding order to SSA. One thing I learned that might help you - make sure you have certified copies of your court judgment and any modifications to the support order. The enforcement office needed these as part of their documentation package to SSA. Also, they told me that even though the kids are adults now, the debt doesn't disappear and there's no statute of limitations on collecting past-due child support. The caseworker estimated it would take 2-3 payment cycles for the garnishment to actually start, so I'm still waiting to see the first payment. But just knowing the process is finally in motion after all these years feels amazing. Definitely go through your state enforcement agency rather than trying to handle this yourself - they have the direct connections with SSA that make this possible.

I work for a legal aid organization and have helped many clients with similar situations. One additional point I want to emphasize - if your ex-husband tries to claim he can't afford to have his Social Security garnished because it would cause him financial hardship, that argument typically won't work for child support debt. Unlike other types of garnishments, child support has priority and the courts recognize that the original obligation to support the children takes precedence over the debtor's current financial comfort. Also, make sure to ask the Texas AG's office about setting up direct deposit for when the payments start coming in. It's much more reliable than waiting for paper checks, and you'll get faster access to the funds. Some states also offer text or email notifications when payments are processed, which can be really helpful for tracking. The fact that you've maintained all your documentation through the years will really work in your favor. Many people lose track of paperwork over time, but having everything organized will make the enforcement process much smoother. Good luck - after all these years of him avoiding responsibility, you're finally going to see some justice!

This thread has been incredibly helpful for understanding the Social Security garnishment process for child support! As someone who works in bankruptcy law, I wanted to add one important consideration that hasn't been mentioned yet - even if your ex-husband tries to file for bankruptcy in the future to discharge other debts, child support arrears are NOT dischargeable in bankruptcy. So this $65k debt will survive any potential bankruptcy filing he might attempt. Also, once the garnishment is in place, it will continue automatically each month until the full arrearage is paid off. You won't need to keep filing new orders or chase him down if he moves again - the garnishment follows his Social Security benefits regardless of where he lives. This is huge compared to trying to garnish wages from employers who might not cooperate or when he job-hops. One last tip: keep a running calculation of how much you've received versus what's still owed, including any ongoing interest. Some states continue to accrue interest on the unpaid balance even while payments are being made, so the total amount owed might continue to grow if the monthly garnishment doesn't cover both the principal and the interest.

I'm a Social Security disability advocate and wanted to add some practical advice based on what I've seen with clients in similar situations. When you contact the Texas AG's Child Support Division, ask them to run a "locate" search through their federal databases to confirm his current address and benefit status before submitting the garnishment order. This can prevent delays if SSA has outdated contact information for him. Also, be aware that if he's receiving both Social Security retirement AND a pension from work, the child support enforcement agency can potentially garnish both income sources simultaneously, up to the federal limits. So if he has other retirement income beyond just Social Security, make sure to mention that to your caseworker. One thing that might speed up the process - if you can provide the enforcement office with his approximate benefit start date (since you mentioned he's turning 67 next month), they can coordinate the garnishment timing better with SSA's payment cycles. The sooner you get this process started, the sooner you'll start seeing those long-overdue payments. After dealing with a deadbeat for so many years, you deserve to finally get what your children were owed!

I just wanted to say how helpful this entire thread has been! I'm in a similar situation with my ex owing $38k in back support and he just filed for Social Security disability. Reading everyone's experiences has given me so much hope and a clear action plan. One question I have - for those who have been through this process, did you find it helpful to get a current statement of arrears from your state agency before contacting them about the garnishment? I want to make sure I have the most up-to-date balance including all accrued interest when I start this process. Also, has anyone dealt with a situation where the ex tries to reduce their Social Security benefits somehow to avoid the garnishment? I wouldn't put it past mine to try something like that once he realizes his benefits are being garnished. Thank you all for sharing your knowledge and experiences - it's incredible how much valuable information has been shared here!