Garnishment of Social Security Benefits

January 12, 2012

Individuals who receive Social Security benefits need to be reminded that while benefits are typically not able to be garnished, the IRS can garnish benefits in certain circumstances.

The IRS code allows Social Security benefits to be taken to collect unpaid Federal taxes. If your monthly benefit is more than $750, the IRS  may garnish fifteen percent of your social security  monthly benefit for taxes that are at least six months in arrears. The IRS is required to notify you before it begins to garnish , and you can appeal the garnishment for”hardship.”

Benefits may also be garnished for unpaid child support in certain circumstances.

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