Cecily Zamora
In the United States, filial responsibility laws impose a duty on adult children to provide support, including financial support, for their impoverished parents or relatives when they are unable to manage their finances. These laws vary across states, with 26 or 29 states currently enforcing them to varying degrees. While Social Security income cannot be garnished by credit card companies, it can be garnished by the US Department of the Treasury for specific purposes such as federal tax debts, delinquent student loans, and child support. So, while filial law states cannot directly garnish Social Security benefits, they can indirectly lead to garnishment by the Treasury Department if the benefits are used to pay off debts and the recipient fails to meet their financial obligations to their parents or relatives.
| Characteristics | Values |
|---|---|
| Number of US states with filial responsibility laws | 26 or 29 |
| Number of US states that repealed filial responsibility laws | 4 or 5 |
| Entities that can enforce filial responsibility laws | Governmental or private entities |
| Level at which the laws are enforced | State or national level |
| Enforcement mechanism | Civil or criminal penalties |
| Social Security income garnishment by credit card companies | Not allowed |
| Social Security income garnishment by the US Department of Treasury | Allowed |
| Social Security income garnishment for child support, alimony, or restitution | Allowed |
| Social Security income garnishment for federal tax debts | Allowed |
| Social Security income garnishment for delinquent non-tax debts | Allowed |
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What You'll Learn
- Social Security income can be garnished by the US Department of Treasury
- Garnishing Social Security income for credit card debt is prohibited
- Child support, alimony, and restitution can be reasons for garnishment
- The Department of Defense and the VA review military retirement pay garnishment
- Nursing homes can bring legal action to recover costs of caring for parents
Social Security income can be garnished by the US Department of Treasury
While Social Security income is generally protected from being garnished by creditors, there is one exception: the US Department of the Treasury. This is also known as the Treasury Offset Program.
The US Department of the Treasury can garnish your Social Security benefits for various reasons, including unpaid debts such as federal back taxes, child support, or a federal student loan that is in default. If you owe money to the Internal Revenue Service (IRS), a court order is not required for the Department of the Treasury to garnish your Social Security benefits. In this case, you will have to pay 15% of your Social Security benefits for federal back taxes and up to 65% for alimony or child support owed.
It is important to note that if you have delinquent student loans, federal law allows you to keep $750 of your monthly benefit. As of December 2023, any federal student loan garnishment is on hold. Additionally, the government can only take the lesser amount between 15% of the monthly benefit payment and the amount exceeding $750 per month, or the outstanding debt amount.
If you feel that your Social Security income is being unfairly garnished by the federal government, you should contact the Internal Revenue Service (IRS), which is part of the Treasury Department, to resolve the issue. While your state cannot prevent Social Security from being garnished by the federal government, it may provide additional protections for your income. Nonprofit credit counseling agencies can also provide support and advice regarding your financial situation.
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Garnishing Social Security income for credit card debt is prohibited
If you're worried about your Social Security benefits being garnished to pay off credit card debt, you can rest easy. Social Security income cannot be garnished by a credit card company to pay off debt. However, it's important to note that there is an exception. The U.S. Department of Treasury, through the Treasury Offset Program, can garnish Social Security and other federal retirement benefits if you owe federal taxes, defaulted student loans, or child support. In such cases, federal law allows you to keep $750 of your monthly benefit, and the government can take up to 15% of the monthly benefit payment.
While credit card companies cannot garnish your Social Security income, they may employ other tactics to collect payment, especially if Social Security is your primary source of income. For example, they can sell your debt to a collection agency after 180 days of non-payment. These agencies will aggressively pursue payment through constant phone calls and other means. Additionally, a court judgment against you for unpaid debt can result in a lien being placed on your home or other property, preventing its sale until the lien is paid.
To protect yourself, it's essential to understand your rights and the laws governing debt collection practices. If a credit card company, debt collector, or other commercial entity threatens to garnish your Social Security, they are in violation of the Fair Debt Collection Practices Act (FDCPA). You should report such violations to the Consumer Financial Protection Bureau and the Federal Trade Commission, as consumer reports about FDCPA violations help strengthen laws and hold agencies accountable.
It's also important to note that while your Social Security income is generally safe, other sources of income may not be. Creditors can take you to court over unpaid credit card debt, and if you have a job, wage garnishment may be included in the payback. Additionally, if your Social Security benefits are deposited into a bank account along with other funds, they may be at risk from lawsuits or collection efforts. To mitigate this risk, it's recommended to keep your Social Security deposits separate from other funds in your bank account to make them easily identifiable as protected income.
If you're facing significant credit card debt and are concerned about potential garnishment, consider seeking help from a nonprofit credit counseling agency. These agencies are legally required to provide you with advice that is in your best interest, and they can assist you in developing a strategy to manage your debt and achieve financial stability.
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Child support, alimony, and restitution can be reasons for garnishment
In the United States, filial responsibility laws (or filial support laws) are laws that impose a duty, usually on adult children, to support their impoverished parents or other relatives. These laws may be enforced by governmental or private entities and may be at the state or national level. While most of these laws contemplate civil enforcement, some include criminal penalties for adult children who fail to provide for their family members. As of 2019, 26 states and Puerto Rico have such laws, with a few states requiring the potential support of grandparents or even siblings.
In the context of garnishment, child support, alimony, and restitution can be reasons for garnishment of social security benefits. Section 459 of the Social Security Act (42 U.S.C. 659) permits Social Security to withhold current and continuing Social Security payments to enforce legal obligations to pay child support, alimony, or restitution. The maximum percentage that can be garnished depends on factors such as whether the individual is supporting another spouse or child and whether they are behind on their payments. For example, if an individual is not supporting another spouse or child, the garnishment limit can be up to 60% of their disposable earnings. On the other hand, if they are supporting another spouse or child, the limit is typically 50%.
State laws also play a role in garnishment rules. For instance, in Maryland, a bank account can be garnished to collect unpaid child support payments. The process begins with the court issuing a Writ of Garnishment, which directs the bank to freeze the account of the parent who owes child support. Once the bank complies, the funds are transferred to the Child Support Administration (CSA), which then disburses the money to the child's custodial parent or legal guardian.
Additionally, VA disability and military retirement pay can be garnished for court-ordered child support and alimony payments. The Treasury Department is responsible for garnishing the pay, but the decision must meet specific requirements and be reviewed by the Department of Defense or the VA before garnishment can occur.
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The Department of Defense and the VA review military retirement pay garnishment
While Social Security income cannot be garnished by a credit card company to pay a debt, there is one creditor with the power to garnish it: the U.S. Department of Treasury. Officially called the Treasury Offset Program, Social Security and other federal retirement benefits can be garnished if you owe federal taxes, have delinquent student loans, or need to pay child support.
Military retirement pay can be garnished for court-ordered child support and alimony payments. The Treasury Department garnishes the pay, but the decision must be reviewed by the Department of Defense (for military retirement pay) or the VA (for veterans' benefits). The Defense Finance and Accounting Service (DFAS) is responsible for administering retired pay division and garnishment for the Army, Navy, Air Force, and Marine Corps. The U.S. Coast Guard, a component of the Department of Homeland Security, administers retired pay for the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration.
In order to qualify for military retirement pay garnishment, the ex-spouse must have a court judgment or decision in their favor that specifically awards "a portion of a member's military retired pay as property in their final court order." The Uniformed Services Former Spouses Protection Act (USFSPA) establishes the legal right for state courts to distribute military retired pay to a spouse or former spouse. The National Defense Authorization Act (NDAA) of 2017 also affected how certain aspects of this garnishment process are handled. For example, it states that for divorces filed after December 23, 2016, where the court order becomes final before the military member's retirement, retirement pay as "disposable income" is limited to the amount of basic pay for the member's pay grade and years of service at the time of the court order.
To summarise, while Social Security income is generally protected from garnishment, there are certain circumstances in which it can be garnished, such as for federal taxes, student loans, or child support. Military retirement pay is also subject to garnishment for child support and alimony, with the review process handled by the Department of Defense or the VA, depending on the recipient's status.
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Nursing homes can bring legal action to recover costs of caring for parents
Filial responsibility laws (or filial support laws) are laws that impose a duty on adult children to support their impoverished parents or other relatives. These laws are based on the Elizabethan Poor Law of 1601 and were once in force in as many as 45 US states. While some states have since repealed these laws, 29 states, as well as Puerto Rico, still have them on the books. These laws are rarely enforced, and the media does not often cover them.
Under filial responsibility laws, adult children may be required to pay for their indigent parents' food, clothing, shelter, and medical needs. If the children fail to provide this support, nursing homes and government agencies can bring legal action to recover the cost of caring for the parents. Adult children can even face criminal penalties, including jail time, in some states if they fail to provide filial support.
Nursing homes can bring legal action against a resident or their family for various reasons, including neglect, abuse, or unpaid fees. Nursing home neglect occurs when staff fail to help residents manage their medical needs, such as not giving residents their medications on time, leaving bedsores untreated, or failing to call for emergency services when needed. Basic needs such as food, water, and hygiene may also be neglected, which can lead to severe health issues.
If you are considering taking legal action against a nursing home, it is important to act quickly. Statutes of limitations vary by state but are usually between two and three years. An experienced nursing home neglect lawyer can help you understand the specific deadlines and requirements in your state. They can also help you gather evidence, such as medical records and incident reports, and preserve the reliability of witness testimonies.
When suing a nursing home for negligence, compensation is typically based on a percentage of the money recovered. This means that the cost of legal representation is covered by the settlement. Some nursing homes may admit blame and offer a settlement to avoid going to trial. It is important to understand the value of your case and the compensable damages, including medical bills, lost wages, moving costs, and emotional abuse.
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Frequently asked questions
No, social security income cannot be garnished by a credit card company to pay a debt. However, there is an exception. The U.S. Department of Treasury, officially called the Treasury Offset Program, can garnish social security and other federal retirement benefits if you owe federal taxes or have delinquent student loans.
Filial responsibility laws are laws that impose a duty, usually on adult children, to support their impoverished parents or other relatives. These laws are based on English poor laws and originated with the Elizabethan Poor Law of 1601.
As of 2025, 26 states have filial responsibility laws. However, the number of states with these laws has changed over time, and some states have repealed their laws. Therefore, it is essential to check the laws in your specific state.
Yes, adult children can go to jail in some states if they fail to provide filial support. Nursing homes and government agencies can bring legal action to recover the cost of caring for parents, and some states allow for criminal penalties for failure to provide support.
