Santa Monica, CA asked in Divorce, Family Law and Collections for Florida

Q: Is a Judgment for ex to pay back misappropiated retirement benefits qualify as 'court ordered victim restitution'?

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 / Judgment for stolen retirement benefits considered 'court ordered victim restitution'?

The Court Order has also been turned into a Judgment and domesticated in Florida.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.

By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added May 23, 1977, Pub. L. 95–30, title V, §501(d), 91 Stat. 159 ; amended July 18, 1984, Pub. L. 98–369, div. B, title VI, §2663(c)(17), 98 Stat. 1167 ; Oct. 22, 1986, Pub. L. 99–514, §2, 100 Stat. 2095 ; June 13, 1991, Pub. L. 102–54, §13(q)(3)(B)(ii), 105 Stat. 279 , related to definitions for purposes of section 659 of this title."

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