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Can arrears child support be taken from your social security check?
In most states, yes, child support can be taken from all forms of income except for needs-based income (such as food stamps or housing assistance). Social security does not count as needs-based assistance and can be garnished for child support.
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Your ex husband died owing you over 35000 in back child support His wife and minor children receive social security can you sue them for his arrears?
He's dead. You cannot sue the dead. His debts died with him. His widow and her children have nothing to do with the matter.
No you do not have to have taxes taken out of your SS check. Unless you specifically request to have taxes taken out, they will not be taken out. But remember that whether y…ou have taxes taken out or not does not affect the taxability of your payments. At the end of the year, you have to fill out Form 1040 to figure out if you owe any taxes. If you didn't have enough taxes taken out, you will have to pay the difference at that time. If you had too much tax taken out, you will get a refund. Whether your SS benefits are taxable is a fairly complicated calculation that depends on your filing status, your total income, and amount of non-taxable income such as municipal bond interest. See Publication 915 for details of how to determine if your Social Security benefits are taxable: http://www.irs.gov/pub/irs-pdf/p915.pdf
No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security… Act (42 U.S.C. 407 ssa-custhelp.ssa.gov/app/answers/detail/a_id/426 If a creditor tries to garnish your social security check, inform them that unless one of the five exceptions apply, your benefits can not be garnished. You also may want to provide this same information to your financial institution and seek legal assistance if you believe it is needed. Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be levied to collect unpaid Federal taxes;Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: andThe Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid. The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act as long as they are identifiable as Social Security benefits using normal banking practices. For example, only social security benefits are deposited into a particular bank account.Go the SSA.gov SOCIAL SECURITY ONLINE website and use the search box for 129.2 Can your Social Security benefits be levied or garnished? If you have any unpaid Federal taxes, the Internal Revenue Service can levy your Social Security benefits. Your benefits can also be garnished in order to collect unpaid child support and or alimony. Your benefits may also be garnished in response to an order of the Mandatory Victims Restitution Act. SSI payments cannot be levied or garnished. Treasury's Financial Management Service can also offset, or reduce, your Social Security benefits to collect delinquent debts owed to other Federal agencies, such as student loans owed to the Department of Education.
No, it is not taxable, however you are obligate to maintain a record of how the money is spent.
This is dependent on the court orders, up to the federal limit of 55% of the gross income.
If you are an employee and you have an employer you will NOT have any amounts withheld out of your net take home paycheck. You NEVER do have any deductions for federal taxes o…r other items from your net take home paycheck when it is issued to you. The net amount that is on the paycheck that you have in your hand is your net pay for the pay period after all of the federal taxes and other necessary withholding amounts have been withheld from your gross earnings by your employer payroll department. You should get the information from your employer payroll department if you really need to know the correct numbers or amount that should be deducted from your gross earnings not from your paycheck. It is possible that the one that is paying you is treating you as a self employed taxpayer (independent contractor) and will be issuing you a 1099-MISC at the end of the tax year for your business operation. If that is what is going on and it is not correct then you may have to contact your local IRS for some assistance with this matter. Go to the IRS gov website and use the search box for Form SS-8 If, after reviewing the three categories of evidence, it is still unclear whether a worker is an employee or an independent contractor, Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF) can be filed with the IRS. The form may be filed by either the business or the worker. The IRS will review the facts and circumstances and officially determine the worker's status. Be aware that it can take at least six months to get a determination, but a business that continually hires the same types of workers to perform particular services may want to consider filing the Form SS-8 (PDF). The information that is on the 1099-MISC is used to report the income that you received during the year using the 1040 income tax return and if the amount from the 1099-MISC is in box 7 nonemployee compensation then you are a self employed taxpayer. You will need to report that income, and any related expenses, on Form 1040, Schedule C, Profit or Loss from Business, or you may qualify to use Form 1040, Schedule C-EZ, TO determine your Net Profit from Business. You will also need to use Form 1040, Schedule SE, Self-Employment Tax to compute and report your social security and Medicare tax. For instructions and forms go to the IRS gov website and use the search box for publication 334 a very good place to start with examples Publication 463 Travel, Entertainment, Gift, and Car Expenses Use the search box at the IRS gov website for Small Business and Self-Employed Tax Center Filing Season Central is your one stop assistance center for filing your business returns. This includes Highlights of Tax Law Changes, Tax Tips, and more. 2 of the seven tax tips for starting a business enclosed below. #4 Good records will help you ensure successful operation of your new business. You may choose any record keeping system suited to your business that clearly shows your income and expenses. Except in a few cases, the law does not require any special kind of records. However, the business you are in affects the type of records you need to keep for federal tax purposes. #7. Visit the Business section of IRS gov for resources to assist entrepreneurs with starting and operating a new business. Go to the IRS gov website and use the search box for the below referenced material *Starting A Business *Operating A Business *Closing A Business *Publication 4591, Small Business Federal Tax Responsibilities (PDF 470.1K) For more detailed information go to the IRS gov website and use the search box and type Publication 583, Starting a Business and Keeping Records. The following are some of the types of records you should keep: *.Gross receipts are the income you receive from your business. You should keep supporting documents that show the amounts and sources of your gross receipts. Documents for gross receipts include the following: *. Cash register tapes *. Bank deposit slips *. Receipt books *. Invoices *. Credit card charge slips *. Forms 1099-MISC and more information is available below
SSI is not attachable for child support. SSD provides a separate child benefit check, but you have to file a motion to modify so that the child benefit check is considered sup…port. see link If you have other income , like a pension or annuity , your child support can be taken from that , or any source of taxable income.
If you're getting RSDI, your child should be getting RSDI. The child's benefit counts as support paid. Often, the obligor doesn't owe any additional payment because the RSDI b…enefit exceeds the amount of child support ordered.
yes,ssd backpay will be taken.ssi cannot be touched
There is no such thing as "social security child support." If the child's parent(s) is eligible for Social Security, the child is probably eligible, also. In such a case, the …child's benefit is considered child support. If that benefit exceeds the amount ordered for child support, the obligor does not owe any additional payment.
Unfortunately no. The process for collecting a childs portion of a Veterans Compensation payment requires to parent or gardian to apply for what is called an Apportionment. Th…ey will only begin from from the point the application is submitted. However, if the veteran did something to interfere with this process such as hiding the fact that they were getting the payments then you would have cause. You could appeal this through the VA and there is a process for that. You could take it to court but that wouldn't be the right venue. It's not up to the court to divide food stamp cards either. It would technically be illegal to the language of the law but a court judge might be willing to make a favorable ruling based on the unlikely chance a higher court would overrule them on the issue. It would not be seen as doing "major damage" since the court was not taking the veterans money or ignoring the authority of the VA to do apportionments.
Yes and No. It can't be garnished or attached. The courts are not suppose to include it as income or divide the money either. However, it can be apportioned. If a child is not… living with the veteran it's the USDVA's job to split the money. Is it legal for the COURT to use VA Compensation for Child Support? Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1987 and prior the answer is yes. From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety. 38 USC § 211 - 1987 "The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans." 38 USC § 511 - 1988 "The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise." This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents. Is it legal for the Department of Veterans Affairs to divide VA Compensation? Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process. The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment. When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents. The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.
1) the custodial parent, and/or; 2) the State[s] which furnished public assistance and/or child welfare services to the child[ren]
With a court modification. see links
Can I receive back pay child support from my exhusband if I am collecting social security disability. Will my income be taken away from me?
Your Social Security eligibility is not affected by your receipt of child support. One is for you; the other is for your child.
a portion can be deducted but not the whole sum Answer Depending on circumstances, the maximum amount that can be taken would run from 50-65%. Why are you in arrears? If t…here is a justifiable reason, the possibility still exist to get a reduction, or at the minimum, having interest penalties set aside. See links below.