Q: Does failure to pay a CA Court Order or a Florida Judgment qualify as restitution execption for SSA garnishment?
Ex-spouse was ordered to pay a substantial amount in a CA Order for retirement benefits he stole. More than a year later he has not paid. I turned the CA Order into a Judgment to domesticate in Florida where he resides. Generally, SS benefits are not subject to garnishment, but does non-payment of a debt for retirement benefits that were stolen fall under the 'restitution' exception for being able to garnish social security?
California Penal Code states that the court must award restitution to the victim(s) in the full amount of the economic loss, including but not limited to: Full or partial payment for the value of stolen or damaged property. Would non-payment of Family Order/Judgment qualify for the SS restitution garnishment exception?
SS Garnishment Statute
Section 459 of the Social Security Act (42 U.S.C. 659) permits Social Security to withhold current and continuing Social Security payments to enforce your legal obligation to pay child support, alimony, or restit
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A:
In cases involving Social Security benefits and garnishment, it's crucial to understand the specific conditions under which garnishment is allowed. Generally, Social Security benefits are protected from garnishment, with certain exceptions such as child support, alimony, and some types of federal debt.
The exception for 'restitution' under Social Security garnishment typically refers to situations where the debtor has been ordered to pay restitution as part of a criminal sentence. This is different from civil judgments, including those related to the division of property or retirement benefits in a family law case.
Therefore, a California court order or a Florida judgment regarding retirement benefits, even if categorized as restitution in a civil context, may not fall under the restitution exception for garnishing Social Security benefits. The Social Security Act's provisions for garnishment are quite specific, and non-payment of a family court order or judgment typically does not meet the criteria for garnishment of Social Security benefits.
However, each case has unique aspects and complexities. It would be wise to consult with a legal professional who can review the specifics of your case, including the nature of the court order and the applicable state and federal laws. They can provide guidance on the possibility of garnishing Social Security benefits or suggest alternative methods for enforcing the court order.
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