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Garnishing Social Security for child support in Georgia

If someone has not been receiving child support or is owed back child support, they have a variety of options for obtaining these payments, one of which is to garnish their former spouse's Social Security payments. It is important to note that if a person is collecting Supplemental Security Income, it is considered a welfare benefit and not eligible for garnishment. However, Social Security benefits, which are based on disability, retirement or survivor benefits, are paid into over a lifetime and can be garnished.

If an individual is already collecting benefits or has an application for benefits pending, a request can be made to garnish those benefits with the local Social Security office. To be able to do this, the person requesting the garnishment will need to go to court and obtain an income withholding order from a judge by proving that the person in question has not kept up with their child support payments.

Once the hold is received by the Social Security office, it will be put on the individual's payments. This will either be a percentage of owed back pay or the amount of child support that is currently due.

Child support can be a difficult issue, because although it can be essential for people to be able to afford to raise their children, payments that are too high can be a burden. Calculating an equitable child support payment is important in ensuring that the custodial parent receives the support they need, and a lawyer may be able to assist someone in obtaining this. A lawyer may also be able to assist someone in seeking support payments when they are not being made.

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