Maybe. Although SSD and all other SS and private disability benefits are exempt from garnishment by creditors by federal and state laws, the laws do not apply to child support and/or spousal maintenance. Therefore, what action if any the ex-spouse can take against SSD benefits depends upon the terms of the spousal alimony/maintenance order.
Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation. Section 207 of the Social Security Act provides: "The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."
no
If the debt relates to tax arrearage and/or child support then yes, SSD benefits can be garnished via a court order. SSD cannot be garnished for creditor debt.
SSD and other Social Security benefits are exempt by federal law from garnishment by judgment creditors. The exception is IRS garnishment for tax arrearages and court ordered child support. Private disability benefits such as WIC are generally exempt as well, but state laws determine if they are exempted in total or percentage. Social Security benefits can and are garnished for past due child support. SSI cannot be garnished.
Yes.
Accounts that have social security and ssi fund contained it it can not be levied account to federal law.
Not by a judgment creditor. They are subject to garnishment for child support, federal tax arrearages and in some cases spousal maintenance (alimony).
" ... if your child is 33 ...?" Yes. (There is no statute of limitations on collecting past-due support.)
No
No. All disability benefits whether private, SS or RRB are exempt from creditor action for debt(s) owed.
Social Security does not allow garnishment of disability benefits by creditors. Any credit card company, business, or individual who has won a judgment against you will never garnish your Social Security disability check.Social Security will allow garnishment of your Social Security disability benefits for current and past due child support or alimony. And the Internal Revenue Service is allowed to garnish Social Security disability and retirement benefits for delinquent taxes.Also, in addition to the IRS, other federal agencies may be allowed to garnish Social Security disability benefits.For instance, if an individual owes student loans that were federally guaranteed their Social Security disability benefit can be garnished.In theory, any money owed to the federal government can conceivably be garnished from Social Security retirement or disability checks.If you receive Supplemental Security Income (SSI) disability benefits, however, no creditor can garnish your benefit, not even the Federal Government. Since SSI is a need based disability benefit, it cannot be garnished.
Social Security benefits can never be garnished. Unless the judgment is for child or spousal support, unemployment insurance, workers' compensation awards, relocation benefits or disability or health insurance benefits cannot be garnished. Garnishing payments made from a retirement plan is also very difficult.
Social Security Disability Benefits are available from the American Government. In Canada, they are called Canadian Disability Pension Plan Benefits.