Title II benefits can be garnished for child support/alimony

Section 459 of the Social Security Act, as amended, provides for the garnishment of certain Federal payments for the enforcement of child support and alimony obligations. The test to determine if a payment is subject to garnishment is whether the payment is remuneration (payment) for employment as defined in section 459 [42 U.S.C. 659(a) and (h)]. Federal salaries and Title II Social Security Old-Age, Survivors, and Disability Insurance benefits (OASDI) fit this test and can be garnished since entitlement to these benefits is based on employee contributions into FICA.