If you have a wage garnishment for child support and you go out on disability, will your disability checks be garnished

Asked over 1 year ago - San Diego, CA

My ex husband has a wage assignment for child support and spousal support. It is not for rears. It is for child support and spousal payments every month. He just went out on disability. Will his disability checks be garnished as well automatically or do i need to file something for this to happen?

Attorney answers (3)

  1. Paula Brown Sinclair

    Contributor Level 20

    4

    Lawyers agree

    Answered . Garnishment for child support may not be necessary. If his work record is strong, he may have dependent benefits payable to the custodian of his children. If there is not enough good will between you and him to permit a discussion of these benefits, then retain counsel to move the state court for an order requiring him to apply for the benefits.

    Garnishment for spousal support may not be possible.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Clifford Michael Farrell

    Contributor Level 19

    3

    Lawyers agree

    Answered . Social Security benefits are exempt from garnishment except in cases where the debt is owed to the government or to satisfy a child support order. Also covered are tax debts and student loans, but as my colleague mentioned, usually not spousal support.

    My colleague's suggestions are good - rather than spend time and money fighting about it, see if you can work it out first. Otherwise, you need to have a domestic court get involved.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more
  3. Andrew W. Norfleet

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . While I cannot add anything additional to the fine answers provided by Attorney Sinclair and Attorney Farrell, I am attaching a link that you may find helpful:

    http://www.ssa.gov/policy/docs/policybriefs/pb2...

    I wish you well.

    Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.... more

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