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The 40% is for spousal support. She has no income.Domestic Relations in Montgomery County, Pa.
A different Professional here. Your Question: Do I have any leg (non pun intended) to stand on. Taking 40% of $2,000 a month will cripple me. My monthly medical expenses are over 1/3 of the remaining $1,200. Response: Yes, you do. They should not take 40% of your disability benefits to pay her when she has not been child support. Yes, eventhough up to 50% of disability benefits can be garnished pursuant to Section 1101 of Social Security Act (42 U.S.C. Section 1301) in all states with the exception of Puerto Rico, Virgin Islands, and Guam, also see Section 459 of Social Security Act (42 U.S.C. Section 659), which gives the authority to garnish SSDI and Retirement Benefits, they are not doing you a favor here by only reducing it by 10%. She was not and is still not paying child support. You should be given credit for the amount she should be paying for the children including her share of their college expenses. So, you should file counterclaim for child support and ask the Court to offset it from her share of your disability benefits. If the Court refuses, then you can appeal from the decision.
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