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How Do Social Security Payments Work with Child Support and Alimony?

White square with a gold border and the black words "How do social security payments work with child support and alimony?" with the Freed Marcroft family law firm logo in the lower right corner.Many people wonder how Social Security payments work in divorces when it comes to alimony and child support.  Read on to learn more.

Is Social Security Income Considered When Determining Alimony in Connecticut Divorces?

When Social Security benefits are in pay status and being received by a spouse, then Social Security income can be considered a current source of income and included in the determination of alimony.

Read: What Factors Are Considered When Dividing Property in a Connecticut Divorce?

Can Social Security Payments Be Garnished for Alimony or Child Support?

Generally speaking, laws prohibit Social Security benefits from execution, levy, attachment, garnishment, or other legal process.

But there is an exception to that rule when it comes to child support and alimony.

In cases involving a judgment for unpaid alimony or child support, the Social Security Act permits garnishment of benefits for the judgment (plus court costs and penalties). 

Other Things To Know About Social Security and Divorce

Unlike other retirement accounts, Social Security benefits are not considered a marital asset and are therefore not subject to division in a Connecticut divorce.

However, under certain circumstances, a former spouse has the right to claim their ex-spouse’s Social Security benefits.

This means that a former spouse entitled to a lower social security payment on his or her own can get the benefit of their ex-spouse’s higher social security entitlement.  And, that former spouse’s claim for benefits under the ex-spouse’s record has no effect on the ex-spouse’s benefits.

The Comprehensive Connecticut Alimony Guide

Alimony is one of the most important issues in divorces.  And, it’s one of the most confusing.  There are no set formulas or rules on (1) whether there will be alimony, and, if so, (2) how it’s calculated or (3) how long it will last.  The good news is that this means there is tremendous flexibility to craft an individualized approach.  In order to prepare to make solid and informed decisions, you need to understand how alimony works. Our Comprehensive Connecticut Alimony Guide tells you everything you need to know about alimony in Connecticut.

Read: Alimony: The Comprehensive Connecticut Guide

Next Steps

Or, to start making a plan for your divorce, reach out.  Our first step at Freed Marcroft, the Goals & Planning Conference, is designed to get to the heart of your problem and unveil your true goals.  We analyze those goals, plus the facts of your case, and present you with recommendations and options to move forward.

Schedule your Goals & Planning Conference today, or contact us either here or by phone at 860-560-8160.

Written by Meghan Freed