Colorado Springs, CO asked in Child Support for Colorado

Q: What is the procedure and what form is used to garnish social security benefits gor payment of child support?

State of Colorado. Also if the social security benefits have not been applied for can they still be garnished. Ex husband just turned 60. He is hiding out in the Philippines. I dont know if he will ever apply to draw social security benifits. But he paid in for years. Is more that 311 thousand dollars behind.

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1 Lawyer Answer
Sabra M. Janko
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Colorado Springs, CO
  • Licensed in Colorado

A: Social security wages can not be garnished if they are not being received. As for the form, you would have to bring a court action and use the state forms for garnishment. Additionally you would have to serve Husband with notice of the proceeding under the service rules of the overseas country. Generally jurisdiction is in the state of the obligor so if he is overseas, that complicates matters. At age 60, he may not yet be eligible to receive the benefits.

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