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Can child support arrears be garnished from social security benefits when child support evader "deadbeat dad" retires soon?
Anonymous2 views1 answers
my ex is a vengeful fatalistic crazy who lost his job over a year ago and has refused to find another while waiting for (and purposefully stalling) his motion to modify to be heard. meanwhile i have filed motion for contempt since he had ample assets all the while w/which to pay child support shown by his bank records. i am trying to figure out why i am paying attorneys at this point since i am already 25K in debt just getting a divorce from him. . .
also, he has "moved" far away, out of state, ready to flee i believe. what can my attorney and the judge DO (really) to prevent him from getting off the hook financially and going into hiding. what paperwork does my attorney need to have ready when the contempt motion is heard so that i actually GET the money this time?
I do not know the answer regarding what paperwork your attorney needs to have ready, you really need to ask him or her.
Yes, certain SS benefits may be garnished, work with your state's child support enforcement agency to make that happen. 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.
NOTE: SSI payments are not subject to garnishment.
