A previous post on this blog talked about how a Rockford, Illinois, resident’s Social Security check, so long as it is not Supplemental Security Income, or SSI, counts as income when it comes to calculating child support since it is there to replace all or part of what one would have made had he or she been working.
While in many cases, Social Security and disability proceeds are exempt from collection, child support enforcement is not one of those cases. Under federal rules, Social Security Administration can and will accept garnishment orders from states seeking to collect on back child support or current obligations.
Specifically, a parent can lose up to 65 percent of his or her Social Security check to his or her child support obligations, depending on that parent’s specific circumstances. The law does not require that a minimum dollar amount be left over for the parent to use from his or her Social Security check.
What’s more, it is possible that the rest of the check will get taken from one’s bank account as part of a seizure of assets.
For parents trying to collect child support, this is good news, although they should remember that these rules do not apply to SSI payments. Those will generally not be touched in a garnishment proceeding. For parents who need Social Security to make ends meet, they will want to consider a support modification if their payments are too high, and they may be able to work out a reasonable plan regarding back child support. In many cases, it’s best to take these steps with the help of an experienced Illinois family law attorney.