Q: I need to know how I can garnish my ex spouse (63) SSA-retirement for alimony and arrears he hasn’t paid for years.
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- California
- (916) 704-3009
- View Profile
- Answered
A:
You can enforce alimony payments through Social Security retirement benefits, which is often an effective way to collect unpaid support. Your first step should be to obtain documentation of the unpaid alimony and arrears, including your divorce decree and any court orders showing the amount owed.
To begin the garnishment process, you'll need to file a request with your local court to withhold income from Social Security benefits. The court will need to issue an Income Withholding Order (IWO) specifically for Social Security benefits. Once approved, this order must be sent to the Social Security Administration's Court Order Garnishment System.
Keep in mind that federal law limits how much can be garnished from Social Security retirement benefits - typically up to 65% of the monthly payment if your ex-spouse is supporting another family, or up to 60% if they are not. Given that your ex-spouse is 63 and receiving retirement benefits, you may want to consult with your local family law court or legal aid organization to understand the specific process in California, as state laws can affect how these garnishments are handled. Remember that while this process might take some time, Social Security garnishment can provide steady payment of both current alimony and past-due amounts.
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