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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 10585
Experience:  30 years experience corporate, litigation, international
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If I am retired and no longer able to pay court ordered spousal

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If I am retired and no longer able to pay court ordered spousal support. No assets. No earned income. Can the court attach my 1)social security 2) pension benfits accrued after the divorce or 3) IRA to satisfy the unmet obligation?

The social security cannot be attached for spousal support. The pension benefits cannot be attached at the pension trust level but once they are received they can be attached. The IRA is exempt to the extent it is necessary to provide a reasonable level of retirement when taking into account other assets of the person. Cal.Civ.Proc.Code 704.115(e). Unless you have a pretty large account that will not be subject to attachment.

 

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Customer: replied 6 years ago.

My former spouce who was married to me from 1968-1990 and did not work from 1970 -1990. During those years, paid the maximum social security tax. I understand she can get benefits from SS. She is a school teacher and on the California Teachers Retirement System and cannot qualify for SS otherwise.

The social security she gets is not from taking from your social security, it is received by her as part of a spousal benefit.

 

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