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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31662
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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What is the % limit that can be garnished from my monthly

Customer Question

What is the % limit that can be garnished from my monthly Social Security benefit to pay monthly in the state of Florida? I have read anywhere from 15% to 60%. Does the court have that much discretion
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

What is the garnishment for?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Should I wait here for your answer or are you sending out another email soon ?
Expert:  Roger replied 1 year ago.

Thanks.....I'm working on your answer now...

Expert:  Roger replied 1 year ago.

Generally, the amount of garnishment for spousal support is 25% (federal rate), however, there are instances where garnishments can take up to 65% of your disposable income. Here's a good link that outlines these scenarios: http://www.18884mydivorce.com/child-support-laws/garnishment-limits/

Customer: replied 1 year ago.
I guess my remaining question which is the essence of my question is the 65% figure a subjective number or is there a formula dictating the higher amount . Please keep in mind this is FIXED social security which is my ONLY source of income.
Expert:  Roger replied 1 year ago.

Courts don't have a great deal of discretion because of the entitlement of these percentages by law. But, the 65% only applies if you're more than 12 weeks behind.

Expert:  Roger replied 1 year ago.

But, your best hope would obviously be to work out an arrangement with your ex for 25% to be garnished.