Ask Larry

Can They Really Withhold My Deceased Husband's Disability Benefits For Child Support?

My husband passed away October 28,2021 and was awarded his disability the following week I as his window filled to receive his benefits well now they are saying that all of his back pay is going to be withheld for back child support, can they really with hold it from me???

Hi. I'm sorry for your loss. If you qualify for widow's benefits, then those benefits can't be withheld to satisfy child support that your husband owed. However, if you're referring to retroactive Social Security disability (SSDI) that your husband was awarded, those benefits could be subject to garnishment for child support. Social Security doesn't have the authority to disregard a valid garnishment order, so the distribution of any retroactive SSDI benefits to which your husband was entitled would depend on the details of the garnishment order involved.

By the way, you may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your options so that you can determine your best filing strategy for maximizing your benefits.

Best, Jerry

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Posted: 
Nov 13 2022 - 11:37am
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