Support All
By Charlie on Sep 12, 2006 in Hearing & Orthepedic
can child support take all of you social security and social security disability backpay?
if u owe$10000 child support and ur back pay is $5000 will they take all the $5000 or only a %? i owe onlybecause i got sick and could not pay anymore. i got approved for ssi and ssid.
No they can only take a percentage. Here is the SS policy link https://secure.ssa.gov/apps10/poms.nsf/lnx/0202410215!opendocume
GN 02410.215 How Garnishment Withholding Is Calculated
A. General
Although the system calculates the garnishment withholding, this section provides a synopsis of how it is done.
1. Garnishment Order Specifies Withholding a Dollar Amount Per Week
If the garnishment order specifies withholding a dollar amount per week, multiply the amount specified by 52, then divide by 12 and round up to the next dime.
Example: Withholding requested $137.00 x 52 = $7124.00; $7124.00 divided by 12 = $593.66. Rounded up to the next dime = $593.70.
2. Garnishment Amount Calculated from Beneficiary’s Monthly Benefit Amount After All Deductions
The garnishment withholding is calculated from the beneficiary’s monthly benefit credited (MBC) after all other deductions (e.g., SMI premiums, overpayment recovery, attorney fees, etc.) have been made. IRS levies take priority over garnishment only if the levy was received before the date of the garnishment order.
3. Garnishment Limited to Lesser of State Maximum or Maximum Under CCPA
The 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:
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50%, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered.
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60%, if the beneficiary is not supporting another spouse and/or child.
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55% or 65% respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears.
4. Multiple Orders
Garnishment orders for child support are no longer paid on a ‘first come, first served” basis. 5 CFR 581.303(a) and 5 CFR 581.305(d ) require that some money be paid on each order for current child support if there is more than one withholding order. Current child support takes priority over child support arrearages. Garnishment for alimony is not included in the prorating. It will be considered after child support payments (both current and arrearages) are calculated.
If there is enough allowable disposable income, pay the full amount of current child support due for each order. If not, follow the allocation method of the state or territory of the garnished beneficiary’s residence to determine how much to pay for each order. Use one of the following two methods when allocation is necessary:
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Prorate by allocating a percentage to each order based on the total dollar amount of current child support ordered; or
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Share equally by dividing the allowable disposable income by the total number of orders (Kansas, Puerto Rico, Texas, Virgin Islands).
a. Prorating formula
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Add the total current support due on all withholding orders for current child support.
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Divide each order’s current support due by the total of all orders to figure each order’s percentage total.
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Withhold the percentage of allowable disposable income for each order.
EXAMPLE:
The maximum that can be withheld is $550. There are three orders. Order A is for $220; order B is for $200; and order C is for $180. The total current support owed is $600. Order A is for $220 which is 36.7% of $600. Order B is for $200 which is 33.3%. And order C is for $180 which is 30%. The maximum that can be withheld is $550. Order A will be paid $201.85 (36.7%); .order B will be paid $183.15 (33.3%); order C will be paid $165 (30%).
b. Equal Sharing Formula
Divide the amount that can be garnished by the number of orders. If that yields an amount that is more than one of the orders requires, subtract the amount of that order from the total. Divide the remainder by the number of remaining orders and pay that to the remaining orders.
EXAMPLE:
The maximum that can be withheld is $550. There are three orders. Order A is for $220; order B is for $200; and order C is for $180. Dividing by 3 yields $183.33 to be applied to each order. Additional calculations are necessary because order C only asks for $180.
Subtract the $180 from the total $550. Divide the remainder ($370) by 2. Pay $185 to orders A and B.
5. Prior Month Accruals (PMAs)
If a back pay of $500.00 or more is due, COGS will apply the Federal limit (CCPA) and withhold that amount from the back pay. The beneficiary will be paid the amount that exceeds the Federal limit. An alert will be generated to the PC for development. SS will stop all payover (including the regular monthly payment) until the back pay issue is resolved. The PC will contact the court for instructions on how much of the back pay the court should receive. (SM 00832
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