Lexington, KY asked in Social Security for Kentucky

Q: Can SSI be garnished for Child support arrears?

Hi, Im a social worker I have a client who we have moved from homelessness to housing through our program. She has many medical issues and is in recovery from substance use, as well. She was recently awarded SSI and has a high child support arrears. Family court in her county is asserting that all her “backpay” will go towards child support and a majority of monthly SSI income, as well. If this happens she will be unable to pay rent after our housing program is over and she will end up homeless all over again. Her children are 19 and 17. We are so proud of the obstacles she has overcome and she needs help. I’m afraid that our inexperience will harm her case. This is completely over my head and Im seeking some guidance from the proper professionals that have the expertise in this area. Any feedback or assistance is SO appreciated! Thank you and have a great day!

Related Topics:
1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Louisville, KY
  • Licensed in Kentucky

A: They cannot seize or garnish her ss for child support or anything else. In fact, you may be able to get ss to pay for the children from the time she applied for ss up though their emancipation. I would have her start paying a small amount towards the arrearage each week to show good faith, but no one can take her ss from her.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.