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    jimhay's Avatar
    jimhay Posts: 1, Reputation: 1
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    #1

    Sep 5, 2010, 07:31 PM
    Can the IRS garnish a social security check
    I owe back income tax. Can the IRS garnish mt social security check. I am disabled and can not work. I am 62 years old and will get my first chec k this month
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 5, 2010, 08:14 PM

    Is this social security disability or social security retirement, ( it makes a big difference)

    Also will the check be over 750 dollars a month.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #3

    Sep 7, 2010, 11:18 AM
    It depends a great deal on HOW MUCH the Social Security check weighs into your overall income and net worth circumstance.

    If the Social Security check is your ONLY source of income, and your net worth falls below a certain threshold, the IRS cannot garnish it if such a garnishment will cause you to drop below the poverty level.

    However, you cannot assume that your financial circumstances are self-evident. You have to PROVE to the IRS that the garnishment will cause significant financial harm to you by submitting paperwork that shows what your net worth is and how important the Social Security check is to your continued financial well-being.
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