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Child and Spousal Support Garnishment of Social Security Benefits

Posted by attorney Brian Wayson

Child and Spousal Support Garnishment of Social Security Benefits The Social Security system limits the garnishment amount to the lesser of the state maximum (for the state where the individual resides) 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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