the TFS has took my tax refund which was my SSI and self-employed to pay back arrests

[glendoria dubose]

Jurisdiction

New York

Yes the TFS took all my SSI taxes self employment included for a back child support arrears I was told that they don't sosposed to touch my SSI money in this case what should I do can someone please help me
thank you

Yes I'm asking for help concerning this mattern

Child support has took all my taxes to pay a back child support arrears which is my SSI refund and my self employment what do I do in this matter can someone please help me

 

[army judge]

Any tax refunds you receive will continue to be TAKEN until your back child support has been made current!!!!!

Yes, SSI is supposed to be UNTOUCHABLE.
There are SOME exceptions, between SSDI and SSI benefits.

No, generally a debt collector cannot garnish your Social Security disability benefits -- neither SSDI (disability insurance) or SSI (Supplemental Security Income).

Your disability income is exempt from creditors, subject to a few exceptions.

Exceptions. The federal government can garnish your Social Security disability benefit to recover money owed to it, such as back taxes or defaulted student loan payments that have been guaranteed by the federal government.

In addition your SSDI disability benefit can be garnished to recover back or current child support obligations.

If you receive SSI, it cannot be taken to pay even child support, student loan payments, or unpaid taxes.

If, however, your SSI was deposited into the SAME bank account where your self employed income was deposited, and ANY other monies; they usually snatch EVERYTHING they find sitting in the account.

You can try to get the SSI money back, by contacting your bank and telling them the SSI funds were supposed to be UNTOUCHABLE from being levied against.

You can also contact the agency that alleges you owe back child support and explain why your SSI wasn't supposed to be levied against.

The law also requires you to report your wages when you receive SSI.

Not reporting your EARNINGS, even self employed earnings, will cause trouble with Social Security.



Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from garnishment, levy or other withholdings by the federal government, except:

To enforce child support and alimony obligations under Section 459 of the Social Security Act (42 U.S.C. 659);
For certain civil penalties under the Mandatory Victim Restitution Act (18 U.S.C. 3613);
With a Notice of Levy to collect overdue federal taxes under Section 6334(c) of the Internal Revenue Code;
Through the Federal Payment Levy Program to collect overdue federal taxes by levying up to 15 percent of each monthly payment until the debt is paid under Section 1024 of the Taxpayer Relief Act of 1997 (Public Law 105-34);
To withhold and pay another federal agency for a non-tax debt you owe to that agency according to the Debt Collection Improvement Act of 1996 (Public Law 104-134).

 

[adjusterjack]

Child support has took all my taxes

If you are referring to REFUNDS for overpayment to the state or federal tax agencies, that money has nothing to do with your SSI benefits.

If you don't want that to happen again I suggest you adjust your withholding to try to break even at tax time (or slightly underpay) so there is no refund to be intercepted.