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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Currently , my wages are being garnished for child/spousal

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Currently , my wages are being garnished for child/spousal support. I'm about to go on short term disability, how does this affect my benefits. Will anyone be able to garnish my short term disability?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Unfortunately, your short term disability can be garnished for child and spousal support, just as your wages are garnished.

As with your wages, 25% can be garnished for child and spousal support.
Customer: replied 2 years ago.
I heard that only the Federal Gov't can garnish my wages from short term disability. Is this because of CA law. In other states, I read on JustAnswer that only Fed can garnish s.s. disability.
Expert:  Joseph replied 2 years ago.
Only the IRS can garnish Supplemental Security Income ("SSI"), but social security disability can be garnished to enforce child support and alimony.
Customer: replied 2 years ago.
I'm applying (thru my doctor) for short term disability. Is this also called SSI? Can anyone garnish my wages for "short term disability"?
Expert:  Joseph replied 2 years ago.
No, that isn't SSI. Yes, your payments for "short term disability" can be garnished at a rate of 25% for child support and garnishment.
Customer: replied 2 years ago.
How soon can this happen? If I apply for s.t. disability on Wed (4/4) then by the time I receive my first payment from disability will it be automatically garnished or will my Ex-wife have to file a motion and then the garnishment will be put in motion?
Expert:  Joseph replied 2 years ago.
Your ex-wife would first need to file a motion in order for the garnishment to be put into place, which would take multiple weeks, if not months.
Joseph, Lawyer
Satisfied Customers: 4865
Experience: Extensive experience representing employees and management
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