By SYLVIA GORDON
Guest Columnist
Many women are unaware that child support that was never collected can be garnished once the ex-husband starts to collect Social Security. If your spouse is in arrears to more than one ex-spouse, no longer is it on a “first come, first serve basis.” There is a limit on how much he can be garnished, depending on if he is also supporting a spouse or child.
And while Social Security Disability payments cannot be garnished for regular debt like credit cards and past due medical bills, disability, too, can be garnished for child support!
Many have long given up on collecting back child support by the time their ex-spouse reaches the earliest age he can choose to draw Social Security retirement benefits (age 62), but back child support orders never expire.
While you can do it without an attorney, it’s easier if you hire professional help. You’ll need to locate your original child support order and calculate how much you are owed. Basically, you need an order from the court that you can send to Social Security to request a garnishment. Send the judgement for garnishment (if the court doesn’t file it for you) by certified mail to: General Counsel, Social Security Administration Room 611, Altmeyer Building, 6401 Security Blvd., Baltimore, MD 21235.
If you are the person who owes back child support and are afraid you might have nothing left once your ex reads this article, fear not. There is a cap on how much your Social Security can be garnished, so you won’t be left with $0.
The maximum that can be garnished is 50 percent of your Social Security if you support another child, 60 percent if you don’t support another child, and 65 percent if the support is more than 12 weeks in arrears.
These rules do not apply to Supplemental Security Income (SSI) as it is protected from garnishment even if the creditor is eligible to garnish regular Social Security. SSI is a form of welfare for low-income seniors.
Sylvia Gordon is the president of Gordon Marketing, headquartered in Noblesville, where she trains on Medicare and Social Security in all 50 states. You can contact her at sgordon@gordonmarketing.com.