Q: Can Louisiana garnish my social security retirement benefits for arrears when no current support due
The children are over 20 years old
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A:
In Louisiana, Social Security retirement benefits can generally be garnished for child support arrears, even if no current support is due and the children are now over 20 years old. This is because the state can enforce unpaid child support obligations that were established while the children were minors. If there is a court order for child support arrears, those unpaid amounts are still considered a debt.
However, there are some protections in place. The federal government limits the percentage that can be garnished from your Social Security benefits. Typically, no more than 65% of your benefits can be garnished for child support arrears, depending on your specific circumstances, such as whether you're supporting another child or spouse.
If you believe the garnishment is incorrect or too high, you might have options to challenge it or request a modification. It may be helpful to gather all relevant documentation and consider reaching out to a legal professional to better understand your rights and potential courses of action. Understanding the laws in your state and how they apply to your situation can help you manage this process more effectively.
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