Social Security Garnishments
If your regular Social Security benefits are being garnished, there are several options that may available to you.
Getting a Set-off of “derivative benefits” against Monthly Withholding.
If you’ve been receiving Social Security benefits while your children have been minors, we can file a Motion to set-off what are known as derivative benefits against your monthly support obligation (and/or your arrears).
In one recent case, we were able to obtain a Court Order to apply derivative benefits against the Client’s monthly $550 support obligation, and were therefore able to reduce the County’s monthly withholding (for current support) to Zero.
As part of the Court Order, we were also able to obtain a $23,000 reduction (for retroactive derivative benefits) against $30,000 in back support.
Shortly thereafter, the County as well as the other parent were agreeable to closing the case entirely.
Motion to Set Reduce Monthly Payments to Reasonable Level.
If you are receiving regular Social Security, the County may try garnishing up to 65% of your monthly benefits.
Social Security is obviously meant to allow you to pay for basic needs.
If the County is garnishing your Social Security check to the point that you are unable to cover your basic needs, we can petition the Court to set-up a payment plan, to allow you to keep sufficient funds to support your current household.
This can also help you avoid further enforcement action against you, such as license suspensions, bank garnishments, etc.