Can SSI Be Garnished for Back Child Support in Texas?

Trying to collect child support can be a challenge. Some parents try to evade their obligations, but federal law makes it hard for them to do so. Child support enforcement laws provide practical ways for a child support recipient to make the other parent pay. Unfortunately, the laws don't cover every situation, and support can be harder to collect in some circumstances than others.

Income Withholding

The Family Support Act of 1988 requires states to withhold child support from the payer's wages and send it to the payee. A judge may elect not to include immediate wage withholding in the support order if certain exceptions apply. In Texas, the support order must include a provision for income withholding to begin if the payer falls behind in child support payments. Texas law spells out the employer's rights and duties upon receiving a wage withholding order, but it does not discuss treatment of SSI income.

SSI

Although federal law does not permit civil creditors to garnish SSI, the federal government does permit child support recipients to garnish SSI. A child support order issued in Texas must allow income withholding when there is a support arrearage. Therefore, a Texas child support recipient can garnish the SSI benefits of an obligor who is behind on his child support.

Exceptions

Under certain circumstances, federal law protects some SSI funds from child support garnishment. If the obligor owes money to the federal government, has taxes withheld from SSI, or has health insurance premiums deducted from SSI, those sums are not subject to garnishment.

Enforcement

The Child Support Division in the office of the Texas Attorney General enforces Texas child support orders. The AG's Office represents the state of Texas, not either parent. Child support enforcement employees promote the state's interest in involving both parents in a child's upbringing and in encouraging parental responsibility. If a child support recipient requests the AG's assistance, the AG's office will decide whether to garnish the payer's SSI benefits.