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I have a child support arrearage. I am retiring and need to

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I have a child support...
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: 1 year ago.Category: Family Law
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8/28/2016
Family Lawyer: RayAnswers, Lawyer replied 1 year ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 43,535
Experience: 30 years as a family law lawyer .
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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.

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Family Lawyer: RayAnswers, Lawyer replied 1 year 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.

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Family Lawyer: RayAnswers, Lawyer replied 1 year 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.

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Family Lawyer: RayAnswers, Lawyer replied 1 year 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.

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Family Lawyer: RayAnswers, Lawyer replied 1 year 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.

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Customer reply replied 1 year ago
Thank you so much!
Family Lawyer: RayAnswers, Lawyer replied 1 year ago

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

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