If a spouses wages are garnished for alimony and he retires, is the garnishment transferred to SS benefits automatically or is some other action needed?

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If a spouses wages are garnished for alimony and he retires, is the garnishment transferred to SS benefits automatically or is some other action needed?

Asked on March 6, 2018 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under Federal Law, Social Security benefits may be garnished to pay alimony that has been awarded by the Court. The state laws will determine how the garnishment order reads.  They can only garnish for currect and future payments.  They can not make retroactive adjustments. I would speak with an attorney about filing the proper paperwork.  SSA has to be aware of the matter to garnish. Good luck.


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