Child Support

questions & answers

Question: Can child support arrears garnish social security disability?

Answer: Generally, social security disability income would be subject to a child support garnishment. Arizona law defines income, for child support purposes, as “any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest.” A.R.S. 25-500.  Furthermore, federal law permits a state to garnish social security payments for the purpose of enforcing a child support obligation.  42 U.S.C. 659(a).  Consult an attorney to determine whether social security will be garnished in your specific situation.

QUESTIONS

  • Can child support arrears garnish social security disability?

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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