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My X has social security benefits which, under a divorce order was garnished by arrears pmts. Social Security was served a writ

Over two months ago, the order states they must return to me and the clerk their "First Answer" so far nothing. I had a jude order that these funds were legally mine and S.S. should start following their part of the law now. So far..nothing! Help

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Attorney answers (2)

Reputation Level 12
Social Security benefits are subject to legal process brought by an individual in a State court for the enforcement of a legal obligation to provide child support and/or make alimony payments. Here is the SSA's procedure for processing these state garnishment orders:
https://secure.ssa.gov/apps10/poms.nsf/lnx/0202...
You or your attorney may want to follow up with the SSA.
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Reputation Level 19
Generally Social Security Benefits are excempt from orders stemming from civil actions and even after the funds have been deposited under Washington law the funds are excempt from garnishment.
I have pasted a link to the statute below
http://apps.leg.wa.gov/rcw/default.aspx?cite=6....
Good Luck
1 person marked this answer as good

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