Can Social Security retirement benefits be garnished for child support arrears and tax liens?

Yes, he can still collect Social Security retirement benefits, but a portion can be garnished for child support arrears and federal debts. For child support, they can take up to 65% of his benefits. Federal tax debt can take up to 15% of his benefits through the Federal Payment Levy Program. State tax liens are more complicated - some states can garnish for state taxes, others can't. But Social Security will never take 100% of his benefits. He should contact the agencies he owes and try to set up payment plans before filing - might get better terms than automatic garnishment.

my cousin had this same problem last yr. they took like 50% for the child support but he still got the rest. idk about the tax stuff tho

Your brother should file ASAP regardless of the debt situation!!! The SSA isn't going to deny him benefits because of debts, but he's LOSING MONEY every month he delays past full retirement age. Even if some gets garnished, that's better than $0, right? Also, he should check if he qualifies for the child support debt forgiveness programs some states have started. They won't wipe it all but might reduce it. DONT let him keep working under the table instead of claiming SS - that's just digging a deeper hole!!

There are some important protections your brother should know about. First, for child support arrears, there's usually a maximum of 50-65% that can be withheld, depending on whether he's supporting another person. For federal tax debt, the Treasury's Financial Management Service can withhold up to 15% through the Federal Payment Levy Program. However, some key points: 1. There is a sequential order to these garnishments - child support takes priority over federal tax debt 2. State tax collection varies by state - some can't touch Social Security at all 3. He should consider setting up voluntary payment plans with each agency BEFORE the automatic garnishments kick in 4. There are hardship provisions he can apply for if the garnishments would leave him without enough to live on He should definitely still file for benefits. Even with garnishments, he'll receive some income, and continuing to delay is just costing him money.

sounds like ur brother waited WAY too long to deal with this!! no offense but why would anyone let child support go that long?? my ex tried that and they suspended his license and everything. anyway good luck but hes gonna lose a big chunk of that check for sure

I spent HOURS trying to get through to someone at SSA to ask questions about my own garnishment situation. Kept getting disconnected or waiting for 2+ hours. Finally found a service called Claimyr that got me connected to an SSA agent in about 15 minutes! Their website is claimyr.com and they have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Your brother really needs to talk directly to SSA about his specific situation because there are so many factors that affect garnishment amounts. They were actually really helpful once I finally got through to a human.

WAIT! Has your brother checked his earnings record on the SSA website??? If he's been working under the table for years, his benefit amount might be MUCH lower than he thinks! He needs to create an account at ssa.gov and look at his estimated benefit RIGHT NOW before making any decisions!!! This could be an even bigger problem than the garnishments!

To answer your question about the order of garnishments: Yes, they take the child support first (up to 50-65%), and then the federal tax levy (up to 15%) comes out of what remains. However, there's good news - SSA implements something called the Minimum Garnishment Rule that ensures a beneficiary receives a minimum of $750 in benefits regardless of garnishments (in most cases). And regarding your brother's spotty work record - SSA calculates benefits based on his highest 35 years of earnings, so if he had solid earnings before the last 5-6 years, the impact might not be as severe as you fear.

just wondering has he talked to the kid's mom? sometimes they can work something out directly for less $$ than the full amount if he starts making regular payments again. worth a shot

One more important point - your brother should still file for his benefits even with these garnishment issues. If he's at full retirement age (66-67 depending on birth year) or beyond, he's already entitled to 100% of his benefit. Every month he delays filing is essentially giving up money he could be receiving, even if partially garnished. If he's only 65, he's filing slightly early (before Full Retirement Age), which means a permanently reduced benefit. I recommend he speak with an SSA representative to understand the exact impact of filing now versus waiting until his Full Retirement Age.

make sure he files ASAP before the end of the month!! there's no retroactive benefits for retirement if he misses the filing window!