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Child SupportSocial Security Disability Can’t be Garnished to Pay Child Support

July 29, 2013

social security cardsSupplemental Security Income (SSI) payments cannot be levied against to pay support payments.

When a parent fails to pay court ordered child support, his/her income may be garnished.    In addition, since social security  is based upon “ renumeration for employment, it too may be attached.    However, because SSI  payments are payments are made to assist those unable to work because of age, blindness or disability, they cannot be garnished to pay child support.

The Court of Appeals  stated:

The purpose of the SSI program is to provide assistance to those who are unable due to disability to earn a paycheck.    Far from bing “renumeration for employment, SSI benefits are assistance for those who cannot shoulder employment.

 

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