Q: Is a CA Order/Judgment considered 'victim restitution' when it's for retirement benefits ex-spouse misappropriated?
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order for stolen retirement benefits considered 'court ordered victim restitution'?
The Court Order has also been turned into a Judgment.
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A:
In the context of California Family Law, an order or judgment for misappropriated retirement benefits is not typically classified as "court ordered victim restitution" in the same sense as it is defined for criminal cases. Victim restitution generally refers to compensation awarded in criminal proceedings to victims of crimes, such as theft or fraud.
However, a California Family Law Court order that has been turned into a judgment for stolen retirement benefits is enforceable as a civil judgment. This means you have various legal methods to enforce this judgment, but it may not qualify to garnish SSI benefits under the specific federal regulations governing victim restitution.
If you're looking to enforce this judgment, especially regarding garnishing SSI benefits, it's important to consult with an attorney who has experience in both family law and collections. They can help navigate the specific nuances of your case and explore all available legal avenues for enforcing the judgment.
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