The Appellate Division held yesterday, October 18, 2011, that the “United States enjoys sovereign immunity from liability for damages arising from the Social Security Administration’s (SSA) failure to withhold disability benefit payments pursuant to a proper state child support garnishment order.” In this case, a mother filed suit against the federal government, on behalf of her daughter, for who child support was awarded, because of the SSA’s failure to make timely garnishments from the father’s social security benefits. At the time of the father’s death, he was $79,546 in arrears with his support obligation. The “SSA has paid [the mother] a retroactive award of Social Security disability benefits totaling $58,947.60, and did not garnish any of this award to satisfy child support arrears.”
Based on the essential facts, which were not in dispute, the Law Division granted summary judgment in favor of the mother, and ordered the federal government to pay the mother, on behalf of the daughter, compensatory damages, prejudgment interest, and counsel fees and costs.
The Appellate Division reversed that decision finding that the mother’s claim was barred by sovereign immunity under 42 U.S.C.A. § 659.
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