What Percentage Of Social Security Can Be Garnished For Child Support?

According to Illinois law, both parents must financially support their children. So, the family court has the authority to order child support to either parent to benefit the child. Usually, child support is provided to the parent who has most of the parenting time. If you are the parent providing child support and receive Social Security, a portion of your benefits can be garnished to fulfill your obligations to your children.

In this blog post, find out more about child support and Social Security benefit garnishments. If you have detailed questions about child support, our Chicago child support attorneys at Gordon & Perlut, LLC, are uniquely qualified to address them. Call today for a legal consultation at (312) 360-0250.

Can Social Security Be Garnished For Child Support?

Yes. Section 459 of the Social Security Act allows your benefits to be garnished to enforce your requirement to pay alimony, child support, or restitution. By law, the Social Security Administration does not make retroactive adjustments. Additionally, the federal Consumer Credit Protection Act allows garnishment of a maximum of 50% of your benefits if you are supporting a child or spouse apart from the subject of a court order, or up to 60% if you are not. An additional 5% can be included if you are 12 or more weeks behind in payments.

How Does The Illinois Court Determine The Amount Of Child Support?

The amount of child support you must pay is decided by state guidelines. The state guidelines consider each parent’s income, the number of children, and many other factors. Income is determined by reviewing each parent’s net income, including wages, salaries, bonuses, commissions, and other types of income. The law also considers other children from other relationships that each parent must support.

What Happens If A Parent Will Not Pay Child Support?

If a parent falls behind in paying child support, the other parent can go to court to enforce the child support order. Potential penalties for not paying child support may include wage garnishment, tax refund seizure, suspension of professional or driver’s licenses, and sometimes jail time in extreme cases.

Can Child Support Be Modified?

Yes. If there is a significant change of circumstances of one or both parents or a change in the needs of the child. This may be a substantial change in the income for either parent, loss of a job, increased medical costs for the child, or other significant changes. If you want a child support modification, you can request a modification review from the court. The parents must complete a Financial Affidavit and provide other documentation detailing their current financial situation.

Have Child Support Questions? Speak To Our Chicago Child Support Attorney Today

Child support issues can be among the most contentious aspects of a divorce. Whether you need to pay child support or seek it from another parent, you need the help of a qualified attorney to enjoy the optimal case result. Our Chicago child support attorneys at Gordon & Perlut, LLC can review your case and offer potential legal solutions, so call (312) 360-0250 today.