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

UPDATED: Jun 2, 2011

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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


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

Answered 11 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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