Can Ssi Be Garnished for Back Child Support?

"Can my social security check be garnished for child support" is a question some parents may find themselves wondering. The reply to that questions depends on the type of social security benefit the parent receives. Two main types of benefits are Social Security Disability Income (SSDI) and Supplemental Security Income (SSI).

SSI vs. SSDI:

The Tennessee Supreme Court in Tennessee Dept. of Human Servs. ex rel. Young v. Young, 802 S.West.2d 594 (Tenn. 1990) provides a detailed caption of the comparison of SSI benefits to SSDI benefits.

SSI benefits are a form of public aid and are not dependent upon the earnings a person previously had. SSI is a condom net program to help people who are entitled to lilliputian or no income from Social Security Disability Income (SSDI). Only after all other sources take been explored is eligibility for SSI benefits determined. Hence, the corporeality of money to which an SSI recipient is entitled is contingent upon how trivial a person makes or has made rather than how much. An eligible SSI recipient'due south benefits are the amount necessary to heighten the recipient's income to the prescribed minimum level. However, the amount of a Social Security disability recipient'due south benefits is keyed to how much that person has paid into the Social Security system over time as a course of renumeration for employment.

The nearly important distinction betwixt the ii types is the person(s) entitled to receive benefits under the programme. Implicit in the SSI program is the intention that these payments are for the do good of the individual recipient, rather than for the do good of the recipient and the recipient'due south dependents. By dissimilarity, SSDI payments benefit the receipt and the recipient's dependents.

CALCULATION OF CHILD Back up

The Land of Tennessee calculates child support based on the gross monthly income of each parents, the number of days each parent practise with the kid(ren) annually, insurance and work-related childcare each parent incurs, too as a number of other factors. While this process may seem as uncomplicated as inputting numbers into the kid back up calculator, disputes oftentimes arise over what an private's bodily gross income is.

The Tennessee Child Support Guidelines  describes gross income every bit income from any source (earlier deductions for taxes and other deductions such as credits for other qualified children), whether earned or unearned, and includes inability or retirement benefits that are received from the Social Security Administration pursuant to Championship II of the Social Security Act, whether paid to the parent or to the child based upon the parent's business relationship. However, the guidelines specifically exclude Supplemental Security Income (SSI) received under Championship XVI of the Social Security Human action. The Tennessee Child Support Guidelines  too includes a provision for a minimum amount of child back up of at least $100 per calendar month. This minimum requirement does non apply if the obligor parent'southward simply source of income is Supplemental Security Income (SSI). Unfortunately, this is not e'er a clear-cut rule. Whether or not an SSI recipient has any other income eligible to be considered for kid support purposes may be an upshot the judge has to decide at a hearing if the other political party contests such issue.

REASONS FOR GARNISHMENT

Current Child Support Obligations

As information technology relates to a current child back up obligation, the Tennessee Supreme Court in Tennessee Dept. of Human Servs. ex rel. Young v. Young, 802 S.West.2nd 594 (Tenn. 1990), held that SSI benefits were not subject to legal process in Tennessee state courts for payment of courtroom-ordered child support.

Specifically, the court found that allowing the SSI recipient's monthly benefit to be reduced past the drove of child support obligations would reduce the recipient's already low-income level fifty-fifty more. By the nature of receiving such benefit, the individual already has picayune if any opportunity to enhance that level because of their age or disability. Subtracting child support payments, in the variable amounts ready past country trial judges, from this already low figure would reduce the private recipient'due south income beneath the "guaranteed minimum income level for aged, bullheaded, and disabled persons,"Schweiker v. Wilson, supra, 450 U.Due south. at 223–224, 101 S.Ct. at 1077, which is the essence of the legislative intent behind the SSI program. Tennessee Dep't of Human Servs. ex rel. Immature v. Young, 802 S.W.2d 594, 598 (Tenn. 1990).

Judgment for Child Support Arrearages

Equally it relates to judgments for kid support arrearages, the Tennessee Court of Appeals in In re Jordan H. , No. E2013-01731-COA-R3JV, 2014 WL 1233227, at *ii (Tenn. Ct. App. Mar. 25, 2014) held that that SSI benefits cannot be attached and/or garnished to satisfy a judgment for child support arrears. While the court may still grant i parent a judgment for child support arrears against a parent who receives SSI benefits, the Courtroom cannot attach or garnish the SSI benefits to pay an arrearage judgment.

In conclusion, SSI benefits, codification at 42 United statesC.A. § 1381,  were created by a 1972 amendment to the federal Social Security Act and were intended "to help those who cannot piece of work because of age, blindness, or disability," S.Rep.No.92–1230, p. four (1972) Due south.Rep.No.92–1230, p. four (1972), past "setting a Federal guaranteed minimum income level for aged, bullheaded, and disabled persons. Schweiker five. Wilson, 450 U.South. 221, 223, 101 S. Ct. 1074, 1077, 67 Fifty. Ed. second 186 (1981). As a issue of such federal constabulary, SSDI benefits tin be garnished for kid support purposes merely SSI payments cannot. In re Jordan H., No. E2013-01731-COA-R3JV, 2014 WL 1233227, at *3 (Tenn. Ct. App. Mar. 25, 2014).

ADDITIONAL Resource:

Tennessee Child Back up:

https://www.tn.gov/humanservices/for-families/child-support-services/child-back up-guidelines.html

Guidelines: https://publications.tnsosfiles.com/rules/1240/1240-02/1240-02-04.20200510.pdf

Reckoner: https://www.tn.gov/humanservices/for-families/child-back up-services/child-back up-guidelines/child-support-figurer-and-worksheet-1.html

Social Security Administration:

SSDI: https://www.ssa.gov/benefits/disability/

SSI: https://www.ssa.gov/benefits/ssi/

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Source: https://www.tennesseetriallawyersblog.com/can-my-social-security-check-be-garnished-for-child-support/

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