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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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My only income is SSDI. I know that a judge in a divorce case

Customer Question

My only income is SSDI. I know that a judge in a divorce case can order me to pay maintenance. But is that enforceable?
Submitted: 6 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 6 years ago.
Hello. My name is Alex and I will be happy to answer your question.

Are you asking if the judge can order you to pay spousal support?

Do you have a lot of assets?
Customer: replied 6 years ago.
Hello Alex,

No, I am asking if such an order would be enforceable. Someone told me that I don't have to give up my SSDI, even if ordered to by a NY court, because it is given to me by the Federal government as an insurance settlement.

The only asset I have is about $70,000 equity in my home and I know that the judge can do as he sees fit as far as the equitable distribution goes.

I really just want to know if an order to pay spousal support would be enforceable with SSDI as my only income. Like, it is direct deposited into my personal bank account. Would the state be able to garnish it if I refused to pay the support?

Thanks, Kevin
Expert:  Alex J. Esq. replied 6 years ago.
Generally no, as SSDI can not be garnished even if someone is not paying spousal support and is not even considered an income for the purposes of child/spousal support and/or bankruptcy proceedings.

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