Can Social Security Retirement Benefits Be Attached for Alimony?

Social Security, which was established in 1935, provides guaranteed retirement income for those who paid into the system during their working years. Benefits paid through the Social Security Administration escape garnishment in most cases. However, the court can attach your Social Security check for domestic support obligations, including alimony. Other debts may cause garnishment, but attachable obligations covered under the Social Security Act are limited.

Alimony Attachment

If the court that handled your legal separation or divorce imposes an alimony obligation, it can also issue an administrative order requiring attachment of your Social Security benefits for payment of the required amount. You can find authorization for alimony garnishment of Social Security benefits in Section 459 of the Social Security Act. Additionally, Section 466(b)(7) gives domestic support obligations first priority if more than one legal attachment reduces your benefits.

Child Support Attachment

If you have children and the court orders child support, the court may direct the Social Security Administration to garnishee your benefit check to pay the support obligation. The same laws that regulate attachment for alimony obligations regulate garnishment for child support.

Federal Tax Obligations

If nonpayment of overdue federal income taxes creates a circumstance in which the court orders garnishment of wages, your Social Security check will not escape attachment. As with other garnishment actions, Section 459 of the Social Security Act allows the reduction in your benefit amount. Garnishments ordered by the Internal Revenue Service are limited to 15 percent of your monthly benefit. A beneficiary may elect voluntary deductions from benefits to satisfy current federal tax obligations under Section 3402 (P) of the Internal Revenue Code.

Social Security Benefits and Other Liabilities

The Mandatory Victim Restitution Act allows the collection of civil penalties from your Social Security check if the penalty was established and the garnishment order issued by a court of law. Federal agencies other than the IRS may attach your Social Security benefits to pay a non-tax debt owed as allowed by the Debt Collection Act of 1996. Creditors who hold notes for a mortgage or a vehicle or issue statements for purchases made on a credit card cannot attach your Social Security benefits for payment of the debt.