Can I garnish my ex-husband’s disability income?

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Can I garnish my ex-husband’s disability income?

I have a court ordered judgement from when I divorced my ex-husband for damages he did to my house and belongings. He destroyed the house that I was buying; he burned or sold everything of mine and my daughter’s in the house. I went back to court 6 month ago but he did not show up, of course. The judge put a warrant out for his non-compliance with the order. But nothing came of it.

Asked on June 2, 2011 under Bankruptcy Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

Oh my goodness.  I am so sorry for what happened and for your troubles.  Federal and state laws provide exemptions protecting some income sources from garnishment. Laws vary by state.  Generally speaking, creditors typically can not garnish welfare, Social Security, unemployment, pension or disability checks. But there are exceptions to this rule. For example, the state can garnish disability checks when it concerns back child-support payments and taxes.  Also the IRS can garnish your disability checks as well.  I am thinking that you may not be in the best of positions here with all of this but you should really seek to consult with an attorney in your area to be sure.  Good luck to you. 


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