up to half of your social security retirement pay can be garnished to satisfy a past due child support obligation. Under certain circumstances, your local department of child support services has the ability to issue an administrative order to withhold from this benefit without the need to go to Court to set the amount of the payment required. If your obligation is being enforced by the DCSS you should seek to reach an agreement with them over what you owe and what your payment plan on the same should be in light of what your income will be should you elect to claim your social security at 62. If you can not reach an agreement with DCSS then you can apply to the Court to resolve these issues.
This information is provided for general educational purposes only including answers posted to questions asked. It is not intended to be relied on as legal advice. Your particular facts and circumstances must be considered to determine appropriate legal advice. Always consult with a competent attorney, licensed in your state, to discuss your particular situation. The material contained in this answer is provided solely for informational purposes. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the responding Attorney. The information in this answer is not guaranteed to be correct, complete or up-to-date. It should not be relied upon or construed as legal advice. You should not act or elect not to act based upon this information without seeking professional counsel.
Anyone receiving Social Security disability, and subject to a child-support order, may have his benefits attached or garnished for child-support payments. The court that holds jurisdiction over the divorce decree and child-support order must first issue an order advising SSA, which will deduct the monthly amount from your disability payment.
In California up to 50% may be deducted.
Dependent children of a Social Security disability beneficiary may be eligible for dependent benefits. The beneficiary must apply to SSA, which subjects each household to a maximum amount of family disability benefits. A court handling a child-support case may consider the family benefits paid to the children as child support, up to the total child support obligation of the non-custodial parent.
I handle family law matters:, child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.
In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..
I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend using an attorney when you can afford one as that usually increases your chances of winning.
Do you want your current or ex-spouse to know or hire me first?
In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support proof of earnings, needs of the children and percentage of time spent with the child(ren).
In Community versus Separate Property, considerations include tracing the funds, and how profits are made.
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My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
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