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Collecting child support from Social Security in Texas

It can be highly frustrating for parents who have a court order for child support that the other parent simply doesn't follow. In the event that the non-paying parent receives Social Security benefits, their benefits payments may be garnished to pay child support.

Social Security benefits may be garnished for the payment of child support as long as the type of Social Security being received is not Supplemental Security Income. SSI is paid to people who have not paid enough into the system in order to have benefits paid to them based upon their contributions, and as such, it is not able to be garnished.

If the non-paying parent receives any other type of Social Security, the recipient parent may file a motion with the court that has jurisdiction over the matter. The court may then issue an order for garnishment that the parent can then present to the Social Security office to initiate withholding. If a person has a pending application for Social Security benefits, the agency will keep the order on file and, in the event the application is granted, begin withholding at that time.

Child support is meant to keep the child in the position they would have otherwise been if their parents had remained together. Courts take a dim view of people who fail to pay child support. In the event that a parent is owed back child support from a parent who receives Social Security, they may begin by trying to determine the type of benefits the other is receiving. If the other parent receives any other type of benefits than SSI, the recipient parent may want to seek the help of a family law attorney. An attorney may be able to draft the needed motion and then litigate the issue on their client's behalf in court.

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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Turner, Bruce E.
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Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

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