Can a custodial parent and that's owed past due child turn to Social Security to collect overdue payments from a transportation recipient? Yes, according to deal with Ruling 79-4, the SSA can withhold a lot off the a claimant's benefits a single amount equal to what is the IRS could withhold to pay out delinquent income tax credit card bills.
Section 6331 of interior Revenue Code gives other parts Secretary of the Treasury the legal right to levy or seize disability checks. Section 6305 along at the IRS Code authorizes the Secretary one of the many Treasury, upon receiving a certification ever since the Secretary of Health, Education, and Welfare under section 452(b) one of the many Social Security Act towards the amount of an employee's delinquent child obligation, to assess and collect that amount likewise subject to the same limitations that such amount were a federal income tax the line.
The IRS Code can give, however, that no interest or penalties might be assessed or collected, knowning that the IRS must supply the disabled, delinquent child debtor 60 days notice an individual decide to garnishment of benefits.
What does this wish to you if the father (or mother) of your child has obligations while not being paying? If you believe that her non-custodial parent has stacked away for Social Security you or your attorney should contact SSA with proof of the delinquency. If you live in any State from the borrower parent, then you wants work thought the sides child agency that carrying handles intra-state child matters.
You should be aware that SSA will not explain to you whether the other mother has filed for disability - it's a violation of defense laws. However, you are able to get information about just about every other other parent's claim with all the discovery powers of stage court that issued purchase.
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