I will be applying for Social Security retirement benefits shortly. I have Court ordered child support arrears payments currently taken out of my employment check. That will continue until
the obligation is met, as I will still be working.
Yes. Up to 65% of your benefits may be subject to garnishment. The actual amount will depend on state law and other circumstances.
In your case, you may be subject to garnishment at both your employment and SS retirement. However, the combined amounts will be limited by state/federal law. In NYS i believe the maximum total is %55.
Yes. While, as a general rule, Social Security is a non-transferable (judgment-proof) stream of income, there are exceptions - a domestic support obligation is one of them.
Good luck with your case!
Jonathan D. Warner, Esq. is an attorney and licensed to practice in the State of New York. This answer is provided for informational and/or entertainment purposes only. It should not be relied upon as legal advice, which can only be offered to clients in an office consultation setting, after all of the facts and circumstances of a case or controversy can be fully considered and reviewed. No attorney-client relationship should be inferred by virtue of any answers posted. We are a debt relief agency and help people file for bankruptcy.
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