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Using Social Security Benefits for alimony.
Anonymous6 views3 answers
I understand that I can use a court order for alimony by garnishing my ex-husbands Social Security benefits for current alimony and arrearages. Could someone elaborate on how this is done. I'm confused as to how (and from what source) this payment is made by the SSA. Also, if I am receiving a percentage of my ex-husbands income using an IWO, but it does not cover the entire amount that I am owed and there is a substantial amount in arrears that he has not and will not pay on his own, how does SSA deal with that type of situation?
The quick answer is, you need a lawyer. The lawyer will draw up the necessary papers (and submit them to the judge) so that enough money is withdraw through the IWO and his social security to (hopefully) pay your alimony. Be careful, though. The minute an IWO is sued against his SSD check, he's going to file a motion to reduce the alimony, claiming he can't afford it. That's another reason you need a lawyer.
Seems like you could have some complicated issues brewing. I would definitely consult an attorney. If he is not paying court ordered support, you might be able to get your attorney's fees reimbursed by him. Again, it depends upon the circumstances. Please feel free to give myself or a colleague a call.
