INCOME WITHHOLDING

CS 734P-2 Notice to Withhold, Social Security Benefits

10/98 Revised 07/22/25 Training Completed 08/05/25 Last Reviewed 08/05/25

42 U.S.C. 659; 5 CFR 581.103 and 581.104; 45 CFR 307.11; Utah Code 78A-6-356; R527-378; IM-06-03.

 

 

Statutory Authority

 

Utah Code 78A-6-356(11) states:

 “(11) The juvenile court may not order an individual to pay child support for a child in state custody

if:

(a) the individual's only form of income is a government-issued disability benefit;

(b) the benefit described in Subsection (11)(a) is issued because of the individual's disability, and not the child's disability; and

(c) the individual provides the juvenile court and the office evidence that the individual meets the requirements of Subsections (11)(a) and (b).”

 

5 CFR 581.103 “Moneys which are subject to garnishment” includes SSR and SSDI benefits:

“(c) For obligors generally:

(1) Periodic benefits, including a periodic benefit as defined in section 428(h)(3) of title 42 of the United States Code, title II of the Social Security Act, to include a benefit payable in a lump sum if it is commutation of, or a substitute for, periodic payments; or other payments to these individuals under the programs established by subchapter II of chapter 7 of title 42 of the United States Code (Social Security Act); and payments under chapter 9 of title 45 of the United States Code (Railroad Retirement Act) or any other system, plan, or fund established by the United States (as defined in section 662(a) of title 42 of the United States Code) which provides for the payment of:

(i) Pensions;

(ii) Retirement benefits;

(iii) Retired/retainer pay;

(iv) Annuities; and

(v) Dependents' or survivors' benefits when payable to the obligor. . . .”

 

5 CFR 581.104 “Moneys which are not subject to garnishment” includes SSI benefits:

“(j) Supplemental Security Income (SSI) payments made pursuant to sections 1381 et seq., of title 42 of the United States Code (title XVI of the Social Security Act).”

 

 

Types of Social Security Benefits

 

1.                   Social Security Retirement (SSR) - Paid to retired individuals who are at least 62 years old and have worked enough hours to earn the Social Security credits needed to qualify for retirement benefits.

 

2.                   Social Security Disability Insurance (SSDI) - Paid to individuals who have a physical or mental impairment that is expected to prevent them from doing “substantial” work for a year or more, or who have a condition that is expected to result in death, and who have worked enough hours to earn the Social Security credits needed to qualify for SSDI.  Substantial work is generally considered earnings of $500 or more per month.

 

3.                   Supplemental Security Income (SSI) – Paid to adults and children with a disability and limited income and resources.  SSI is also paid to adults 65 and older without disabilities but with limited income and resources.  SSI is intended to supplement a person’s income and may be received in addition to Social Security retirement or SSDI.

 
 

Limits on Social Security Withholding

 

Some types of Social Security benefits are never subject to income withholding for child support or spousal support collection because they are means-tested programs and not considered remuneration for employment.  5 CFR 581.104(j) includes SSI benefits:

 

Other Social Security benefits are subject to income withholding for child support and spousal support collection because they are considered remuneration for employment.  5 CFR 581.103(c)(1) includes SSR and SSDI benefits.

 

You may initiate income withholding on SSR or SSDI benefits for up to 65% of the benefit amount. 

 

EXCEPTION:  Administrative Rule R527-378-2 states:

“If social security is the obligor's sole means of support and the case is an arrears only case, the notice to the Social Security Administration to withhold income shall be limited to 25% of the social security benefit amount.”

 

When determining if the benefit is the NCP’s sole source of income, do not include SSI, public assistance or other entitlements.

 

Pursuant to 45 CFR 307.11(c)(3)(i) and (ii), the withholding of funds received from SSI payments or concurrent SSI payments and SSDI benefits or SSR benefits is not allowed.  ORSIS will identify cases involving an NCP who is a recipient of SSI payments or concurrent SSI payments and SSDI or SSR benefits to prevent garnishment of these funds from the NCP’s financial account.

 

If funds have been incorrectly garnished from SSI funds (e.g., through lien levy or income withholding), the funds must be returned to the NCP within 5 business days after the Office of Recovery Services (ORS) has determined that SSI payments or concurrent SSI payments and SSDI or SSR benefits have been incorrectly garnished from the NCP’s financial account.

 

To determine whether the NCP is receiving Social Security benefits and the type of benefits being received and if it is appropriate to issue an income withholding, workers must contact a local SSA field office (based upon the NCP’s zip code). The SSA local field office can be obtained using the U.S. Social Security Administration Office Locator found at https://secure.ssa.gov/ICON/main.jsp. Once the local SSA field office is located, proceed with the following steps:

 

1.                   Contact a local Utah SSA office. Workers should call a local Utah SSA office (or another Utah office if the office based on the NCP’s zip code is a Utah office that has provided information in the past) to obtain the benefits information. If a local Utah office provides the requested information, no further action is necessary. If the SSA office will not provide the requested information over the phone, ask the office if they will accept a written request to obtain the requested information. Then continue to step #2.

2.                   Use available resources.

3.                   SSA office will accept a written request. If the local SSA field office said they will accept a written request for the benefits information, send the Social Security Administration Benefit Information Request letter to the local field office.

 

NOTE: If the SSA returns the letter indicating they will NOT provide the information, proceed to step #4.

4.                   SSA office will NOT accept a written request. If a worker cannot obtain the requested information using steps #1, #2, and #3 above resulting in the worker being unable to successfully issue an income withholding send an email to the Policy Analyst Unit (PAU). The subject line of the email should be “SSA Issue”, and in the body of the email you must include the following information:

a.                   ORS case number;

b.                   NCP’s name;

c.                   NCP’s social security number;

d.                   Date of contact with the local SSA office;

e.                   Local SSA office address;

f.                    Local SSA office phone number;

g.                   Name of the SSA office representative; and,

h.                   A summary of the contact and the result of the contact, including the attempt to gather the information through resources and the SSA’s refusal to provide information over the phone or via written request.

 

OCSS has provided an SSA Issue Resolution form to be used by state agencies to resolve issues with the SSA. This form will be maintained by PAU. PAU will add the information listed above to the form and forward the completed form to the Employer Services Liaisons Team at OCSS via an encrypted email.

 

 

Procedures for Social Security Withholding

 

If you learn that the NCP is receiving SSR or SSDI, take the steps listed below. 

 

1.                   Locate the appropriate Social Security field Office to receive the withholding packet.  The SSA local field office can be obtained on the U.S. Social Security Administration Office Locator internet site at https://secure.ssa.gov/ICON/main.jsp.  Find the Social Security field office that handles the NCP’s zip code.

2.                   If the NCP is receiving Social Security benefits, determine if the child is receiving benefits based on the NCP’s Social Security Retirement (SSR) or Social Security Disability Insurance (SSDI) by contacting the NCP and CP.   

 

3.                   Decide the percentage of Social Security benefits to withhold.   Do not exceed 25% if Social Security is the sole source of income and the case is for arrears only.

 

4.                   Manually generate the “Notice to Withhold Income for Child Support: Unearned” packet.  

 

5.                   Monitor for payments.