Can Social Security Disability Benefits Be Seized to Pay Past Due Child Support?

Can a custodial parent who is owed past due child support turn to Social Security to collect past due payments from a disability recipient? Yes, according to Ruling 79-4, the SSA can withhold a percentage of a claimant's benefits in an amount equal to what the IRS could withhold to pay delinquent income tax debt.

Section 6331 of the Internal Revenue Code gives the Secretary of the Treasury the right to levy or seize disability checks. Section 6305 of the IRS Code authorizes the Secretary of the Treasury, upon receiving a certification from the Secretary of Health, Education, and Welfare under section 452(b) of the Social Security Act as to the amount of an individual's delinquent child support obligation, to assess and collect that amount in the same manner subject to the same limitations as if such amount were a Federal income tax the collection.

The IRS Code does provide, however, that no interest or penalties shall be assessed or collected, and that the IRS must give the disabled, delinquent child support debtor 60 days notice prior to garnishment of benefits.

What does this mean to you if the father (or mother) of your child has support obligations but is not paying? If you believe that the non-custodial parent has filed for Social Security you or your attorney should contact SSA with proof of the delinquency. If you live in a different State from the debtor parent, then you may need to work thought the county child support agency that handles intra-state child support matters.

You should be aware that SSA will not reveal to you whether the other parent has filed for disability - that would be a violation of privacy laws. However, you should be able to get information about other other parent's claim by using the discovery powers of the state court that issued the support order.

Jonathan Ginsberg is a practicing Social Security disability lawyer in Atlanta, Georgia. In addition to his law practice, Jonathan is the editor and publisher of several national Social Security disability related web sites, including the Support and SSDI, and a Social Security disability blog at http://www.ssdAnswers.com.