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Can I garnish my ex-husband's social security to pay my alimony?
Anonymous3 views1 answers
My ex-husband just retired. He owes me a LOT of court-ordered alimony. He informed me that he intends to quit his job, move out of state and live happily on his social security payment only. Can I garnish his social security to pay my court-ordered alimony?
Technically, no you cannot garnish your ex-spouse's Social Security Retirement benefits for payment of spousal support. However, a court or the Social Security Administration can garnish Social Security Retirement benefits for the payment of current or past-due spousal support obligations within limits set by Social Security and the state of New York. You should seek the assistance of a competent and qualified family law attorney to assist you with this matter. Your legal fees to collect this obligation may become his responsibility as well. He might miss the 65% of his benefits that may get sent to you instead, per Social Security policy:
The Social Security system limits the garnishment amount to the lesser of the State maximum or the maximum under the Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)) and is based on the law of the State where the beneficiary resides. Hereafter, the CCPA limit is referred to as the “Federal” limit. The CCPA limits garnishment to:
50%, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered.
60%, if the beneficiary is not supporting another spouse and/or child.
55% or 65% respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears.
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