Q: Can the state of Louisiana garnish my social security retirement benefits from arrears with no current child support due
A:
Louisiana cannot typically garnish your Social Security retirement benefits for child support arrears if there is no current child support due. Social Security retirement benefits are generally protected from garnishment by most creditors, but child support and alimony are exceptions. However, this mainly applies when there are ongoing support obligations.
If you have fully paid off any current child support obligations and are only dealing with past arrears, the state would need to take specific legal steps to garnish your benefits. They would need to prove that the arrears are still enforceable under state laws and take proper actions through the courts.
It's important to know your rights and the specific status of your case. You may want to seek further advice on whether the arrears are considered enforceable and what options are available to you. Keeping informed will help you understand how to best protect your benefits.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.