Child Support enforcement against concurrent SSI and Social Security benefits

The federal Office of Child Support Enforcement has issued guidance regarding enforcement of child support orders against persons who receive either concurrent SSI and Social Security Disability or concurrent SSI and Social Security Retirement benefits.

States can close cases where the obligor parent receives concurrent SSI and Social Security Disability or concurrent SSI and Social Security Retirement benefits.

States cannot garnish concurrent SSI and Social Security Disability or concurrent SSI and Social Security Retirement benefits.  States cannot send income withholding orders to Social Security to withhold the Social Security Disability or Social Security Retirement portions of concurrent benefits.  If benefits are improperly garnished, they must be returned within 5 business days after the child support agency makes that decision.  States can continue to garnish benefits from obligors who receive only Social Security Disability or only Social Security Retirement.

(PIQ 18-02, June 25, 2018.)