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

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. 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. 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 be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


  3. 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/pb2004-02.html

    I wish you well.

    Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality

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