Skip to main content

Can child support be taken out of an SSI check?

Orfordville, WI |

My boyfriend is 18 and he receives and SSI check monthly and we are expecting a baby. I am 16 and my parents are going to file for child support. In Wisconsin can child support be taken from his SSI check?

Attorney Answers 2

Posted

SSI payments are not subject to garnishment, but other payments such as SSD, DAC, etc. are subject to garnishment.

The Social Security system limits the garnishment amount to the lesser of the State maximum or the maximum under the Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)) and is based on the law of the State where the beneficiary resides. Hereafter, the CCPA limit is referred to as the “Federal” limit. The CCPA limits garnishment to:

50%, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered.

60%, if the beneficiary is not supporting another spouse and/or child.

55% or 65% respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears.

NOTE: SSI payments are not subject to garnishment.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

And if my parents still file for child support and he doesn't have a job is he still going to be chased after to have to pay?

Brian S Wayson

Brian S Wayson

Posted

If a child support order is entered against him, then he is responsible for paying that support - it will never go away, if he cannot pay it just builds up and then he owes it whenever he gets some money or a tax refund or anything like that. He needs to hire an attorney and fight the child support order before it ever gets entered, not try to hide from it. In your state he might need a criminal lawyer too as here in Oregon it is against the law for an 18 year old to have intimate relations with a 16 year old.

Posted

I agree with the below answer but even more importantly, disability income is not available for calculating child support. Any non-taxable income cannot be used for that purpose. So, in reality, he has no income for child support purposes. However, depending on the circumstances, he may be ordered to get a job to pay support.

Mark as helpful

1 lawyer agrees

Child support topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics