Abromson & Carey, Attorneys at Law
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27+ Years Helping the Disabled
Phone: 888-512-7031

Can my Social Security check be garnished?

Many residents of Newark who are considering filing for disability may wonder how much of their monthly paycheck they will actually be able to keep, particularly if they owe child support or some other debt to another party. Although Social Security checks cannot be garnished to pay any type of debt, the payments can be applied to child support and other debts that enjoy a special status in the legal world.

With respect to child support, as well as alimony and criminal restitution, the Social Security Administration can and will withhold funds from disabled individuals pursuant to another court's garnishment order. It is important for New Jersey residents to realize also that, unlike other decisions, the Administration allows no appeal of garnishments. Instead, a person who is being garnished needs to contact whomever issued the order if he or she objects or has questions about it.

Generally speaking, though, a court can take child support payments out of their SSDI income but is not allowed to touch SSI payments since, presumably, it is necessary for a disabled person's basic living needs.

Those who back taxes or another obligation to the federal government should also be aware that the Department of the Treasury, which includes the Internal Revenue Service, has the ability to demand the Administration garnish for back taxes or for other obligations a person owes to the federal government. Again, because the Administration is simply following the instructions of another federal agency, there is no appeal of the Administration's decision. A person with questions needs to contact the appropriate person or office at the Department of the Treasury.

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Abromson & Carey, Attorneys at Law
60 Park Place
Suite 509
Newark, NJ 07102

Toll Free: 888-512-7031
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