Will My Temporary Disability Wages Be Garnished?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I am about to have hip surgery. I still owe an outstanding balance on an old state tax and I have a debt with a county facility. Once I am on temporary disability, will my checks be garnished? I am the “bread winner†at home and my fiance only works part-time. I am almost the sole income provider. How bad could this affect me?

Most states have laws that permit their franchise tax board to garnish individual’s wages for outstanding income tax debts. If you owe taxes, your state tax agency may be able to garnish your wages (including disability) without getting a court judgment. You should go to your state’s tax board website and see if they have any special regulations regarding garnishing disability wages.

In regard to the county facility debt, it may be sent to collections if you fail to pay it. If this occurs, the collection agency may be prohibited from garnishing your wages while on disability. Again, you will have to check with your state law to find out if your disability wages will be protected from garnishment by a collection agency.