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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36939
Experience:  30 years as a family law lawyer .
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I have a child support arrearage. I am retiring and need to

Customer Question

I have a child support arrearage. I am retiring and need to know what percentage of my Social Security income will be garnished to continue my arrearage payments. (I'm in California).
Submitted: 3 months ago.
Category: Family Law
Expert:  RayAnswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 3 months ago.

Delinquent child support and alimony cases are processed through the national Court Ordered Garnishment System. In these situations, the maximum reduction to your benefits depends on the state where you live. The garnishment is limited to either the maximum allowed under state law or the maximum under the Consumer Credit Protection Act, or CCPA, whichever is less.

Expert:  RayAnswers replied 3 months ago.

In California, income that does not meet the CCPA definition of "earnings" is not protected by a maximum withholding amount. However, income that does meet the CCPA definition of earnings, such as wages, salary, bonuses, and retirement benefits, is protected by a maximum withholding limit. After subtracting from these earnings the deductions that are required by law, the remainder is considered the employee’s “disposable earnings.” Disposable earnings are usually limited to 50% withholding in California. However, California also recognizes CCPA limits, and if a higher limit is required in the order, the employer should honor this. Under the CCPA, the maximum amount an employer can deduct from an employee’s disposable earnings is:

  • 50% if the employee supports a second family;
  • 55% if the employee supports a second family and is more than twelve weeks past due on support payments;
  • 60% if the employee does not support a second family; and
  • 65% if the employee does not support a second family or is more than twelve weeks past due on support payments.

Expert:  RayAnswers replied 3 months ago.

Your social security earnings falls under the percentages above.It varies as you can see from 50-65%.It is pretty harsh.Please don't shoot the messenger here just giving you the law.

Thanks again for the chance to help you tonight.

Expert:  RayAnswers replied 3 months ago.

Please let me know if you have more follow up.If you can positive rate when we are done it is always much appreciated.

Customer: replied 3 months ago.
Thank you so much!
Expert:  RayAnswers replied 3 months ago.

You are so welcome.If you can positive rate much appreciated.

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