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J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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What percentage of my monthly income can the US government

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What percentage of my monthly income can the US government take for my US federal court restitution? I was sentenced to a federal prion term of 41 months back in 1999, and I served it and also served court ordered federal supervised release after that. I was paying $60 a month on my restitution while in prison and also while on supervised release.
I was sucessfully discharged from supervised release in 2008 a haven't paid anything on my $112,000 restitution debt since 2008 because the public defender I had told me I did not have to. However, now the US attorney wants me to pay up! I am 73 years old, and in bad health (I have had 3 heart attacks and a triple bypass surgery in 2005,
and also have extreme C.O.P.D. and am on doctor ordered oxygen 24/7). My only income is $552 a month from social security benefits. I have no other income. Do I still have to pay this restitution, and if so, what perentage of my soial security do I have to pay each month? Please help me and please reply soon? Thank you and may God bless you. My e-mail address [email protected] Please write me soon? I am scared!
Submitted: 6 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 6 years ago.
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J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

As long as you truthfully disclose all your assets and income, none of your SSI will be garnished.

J.Hazelbaker :

You can only be forced to pay the state maximum (usually around 25%). However, this is where you have disposable income.

J.Hazelbaker :

You don't have disposable income, based on your description of your finances. They can't and won't take any of your monthly ssi check.

J.Hazelbaker :

Please let me know, if you have follow-up questions.

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