Legal Question in Credit and Debt Law in Georgia

If my husband owes money to the IRS, and he is receiving medicare checks...IRS is taking 10% out of his check.

I will be 65 soon, and the gentleman from medicare said that I could draw also on my husbands check. Would this be a mistake? Should I try to do this or this get $1200.?

Complicated situation...I do not want to mess up my check. I do file my taxes. I file married, but file single. (NOT JOINT)


Asked on 2/01/16, 6:08 pm

1 Answer from Attorneys

What does this have to do with debt collection? You need to re-post your question to attorneys who deal with Social Security. You can get answers about Social Security at www.ssa.gov. I have not found the website to be especially helpful and its sometimes easier to just type in a google search of what you want to know rather than hunt at the Social Security website. But I would try and get the answers there first. Try this for starters: https://www.ssa.gov/planners/retire/applying6.html

I don't understand about the taxes or what this has to do with anything. Your options are to file either married, jointly or married, filing separately. Since your husband owes money to the IRS, I would not recommend you file married, jointly. However, I am not a tax attorney and you should consult a CPA about that.

People do not get Medicare checks. They get Social Security if over 65. They pay Medicare out of Social Security premiums. While Social Security is not usually garnishable for ordinary debt, if you owe money to the IRS or a federal agency, they can reach the federal benefits like Social Security.

Your question seems to be whether you can claim Social Security under your husband or based on your own earnings. I suggest you sit down with the nice folks at your local SS office and do a comparison of how much you will get based on your own income and how much if you use your husband's income. I don't see how the federal IRS garnishment would affect you, but then, I am not a Social Security attorney either.

Bottom line - try SS website. Also talk to your CPA as he/she may be able to answer whether the IRS can levy your Social Security check. Failing that, you will need to sit down with an SS representative. Go at the least busy time - Wed. or Thurs. after 1 pm. Plan on making a day of it. The SS office is always full of people.

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Answered on 2/01/16, 9:42 pm


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