People who are owed child support in Nevada may not realize that Social Security benefits may be garnished for back child support in some cases. Not all types of Social Security benefits are able to be garnished, however, so it is important to first figure out what type the other parent receives.
If a parent receives Supplemental Security Income, or SSI, his or her benefits may not be garnished for any reason, including a child support obligation. SSI benefits are considered to be a type of welfare as they are available to eligible people who have not paid enough to the system to receive credits. Other types of Social Security benefits may be garnished, however. Both Social Security Disability Insurance, or SSDI, and Social Security retirement benefits are able to be garnished for back child support.
If a parent is owed back child support and the noncustodial parent receives Social Security benefits that can be garnished, he or she should start by filing a motion with the court that has jurisdiction over the case. Upon receiving a garnishment order, the parent then may take a copy of it to the Social Security office to initiate garnishment of the noncustodial parent's benefits. Federal law limits the amount that may be garnished to 65 percent of the monthly amount.
It can be very frustrating when a noncustodial parent fails to pay his or her court-ordered child support. It is a basic public policy principle that both parents should contribute to the upbringing of their child. In the event that a noncustodial parent fails to make his or her payments, the custodial parent may want to seek the help of a family law attorney. An attorney may be able to provide assistance with filing a motion with the court. He or she may then help with setting up the garnishment for his or her client.