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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111568
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I reside in Mississippi, My wife filed in Vero Beach, Fl. I

Customer Question

I reside in Mississippi, My wife filed for divorce in Vero Beach, Fl. I am 100% disabled Veteran and Get monthly award, from Va., and SSI . Research I've done shows my VA cannot be garnished, and other research shows the same for my SSI as I applied for ssi at 62 and was awarded that prior to my VA award. All info I have came accross is that neither are subject to Garnishment. That federal law top s that of state law. What is your opnion?
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your VA benefits, SSDI and SSI cannot be garnished, but Social Security retirement benefits could be garnished for spousal and child support. So, you are correct that your VA, SSDI and SSI cannot be garnished, but if you qualify for SS retirement, that can be garnished for spousal support.
Customer: replied 4 months ago.
I got social security at age 62, which is $810.00 Per month. I am assuming that is Social Security retirement benefit.What % of that can a florida judge garnish for child support , alimony if ordered by the court?
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

Your SS retirement can be garnished up to 50-60% for child support arrears

Customer: replied 4 months ago.
From the research I've done The Social security will not deduct from arrears but from court date judgement forward, How do I find out if the social security is considered retirement , ?? Thanx Ken Rueff
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
Federal law limits the maximum amount that can be administratively seized for both past-due and current child support to 65 percent of Social Security benefits. They will still garnish SS retirement up to 50-60% for arrears, not just future benefits.
You need to check with SSA to find out what plan you are receiving payment under. As I said SSDI and SSI would not be garnished, but SS retirement can be garnished by court order.
Customer: replied 4 months ago.
Havent been in front of Judge yet for child support, or divorce--In the begining stages for both--Just trying to find out worst case seniaro. So your saying 65 % for arrears--does that mean the judge would freeze my bank account that has the social security in it? Just trying to understand it all.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
Yes, the judge can take up to 65% of your retirement benefits and can even freeze your bank accounts to get the money paid. You have to understand, the laws take child support seriously, so they make exceptions to garnish money that is not normally able to be garnished so people cannot avoid their obligations. But if you have not been to court yet, you need to realize that your support amounts are based on your income as well, so the courts take into account your assets and where they come from in calculating support you would have to pay.
Customer: replied 4 months ago.
I appreciate the info, have a couple follow up question, what would you charge for a 15min consultation. As I said before I am a 100% disabled Vet., but I also understand you need to get paid. Again I appreciate you answers and advice.
Ken Rueff
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
You can ask your questions here for the one charge, but looking at your question history, you need to understand that you need to leave positive feedback for the experts in order for them to get any credit for time spent with you. If you would like a phone consultation we can do that but it is an additional fee I have to send an offer to you for in accordance with site rules.