Skip to main content

Can the state of Texas take child support from disability social security income?

Glen Rose, TX |

I just lost my job due to mental capability and am not able to work anymore. Can child support be taken out of my disability social security income? The support is current as of now. If so then how much child support will be taken out of my social security checks for one child?

Attorney Answers 4


  1. Social Security will honor court orders to garnish benefits for child support. However, you said the child support payment is current. If this also means there is no back due child support, or arrears, then there is no debt for the court to issue an order to allow the check to be garnished. That means there is no reason for the court to issue such an order.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


  2. Yes, a court can order child support withholding from your wages and your social security income. It is automatic under the Texas Family Code, even if it is disability SSI.

    This attorney can be contacted via email at kcaldwell@caldwellakin.com or via phone at 817.305.7170. The above answer does not constitute, and should not be construed as, legal advice.


  3. Here's some additional information about SSI and child support.

    In Texas, 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: Social Security Income 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.


  4. Another thing to consider: if you are approved for Social Security disability, there may be some amount which can be paid to your children, on your work record. This is true for all except very low-earning workers. If your children get Social Security dependents' benefits on your work record, that may be considered by the court as grounds for modification of the child support order. Some courts consider the amount which SSA pays as full payment of child support. When you file for Social Security disability, you'll be asked for the names of your children/stepchildren and that will protect their right to file applications. If you get Social Security disability, and your children start getting dependents' Social Security, you will need to bring this to the attention of the court which ordered child support. In practical terms, you would need to consult an attorney who knows family law in your state -- possibly Legal Aid or a Volunteer Lawyers agency.

    This communication does not establish an attorney-client relationship. This communication offers general information based on the limited facts set out in the question, and does not constitute the giving of legal advice. For specific legal advice, consult an attorney in your state who is knowledgeable in this area of law.

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