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Can a retirement check be garnished?
Yes, retirement checks can be garnished by certain creditors, such as the IRS for unpaid taxes or by court order for delinquent child support or alimony payments. However, federal law offers some protection for certain types of retirement accounts, such as Social Security benefits, from being garnished by most creditors.
Can social security disability ever be garnished for alimony?
Yes, social security disability benefits can be garnished to pay alimony or child support obligations. The government allows up to 50% of your disability benefits to be garnished for this purpose.
Can state disability check be garnished in ca?
It can be garnished by the federal government. Federal student loans, IRS debt, ect. Also if you owe back child support or alimony payments, it can be garnished. However, it cannot be garnished by regular creditors.
If paying alimony and ex spouse becomes eligible to draw Social Security on ex spouse who is paying alimony can alimony payments stop?
It depends on the wording of the alimony decree. Generally, the alimony and the Social Security are independent of one another.
Is former spouse payments from military retirement pay considered alimony?
A state court order must say military retirement pay is part of the alimony can a former spouse receive a portion. No Federal law says a former spouse is entitled to the pay as part of alimony.
Can your state retirement check be garnished?
State retirement checks can be garnished to fulfill specific legal obligations such as child support, alimony, and federal debt. However, the rules may vary depending on the state and the specific circumstances. It's best to consult with a legal professional to understand the laws governing garnishment of state retirement benefits in your particular situation.
Can long term disability payments be garnished?
Not by a judgment creditor. They are subject to garnishment for child support, federal tax arrearages and in some cases spousal maintenance (alimony).
Are Social Security benefits attachable?
In general, Social Security benefits are protected from being garnished or attached by creditors. However, there are some exceptions, such as for outstanding federal debts, child support, and alimony. State laws may vary on the extent to which Social Security benefits can be garnished.
How can you deduct alimony payments when paying taxes?
Alimony payments are deductible as an above-the-line deduction on your Federal income taxes. They are reported on Line 31a of Form 1040 for 2010. Note that Line 31a also requires you to report the Social Security Number of the person you paid alimony to, because it will be considered taxable income for them. It's important to point out that child support payments are NOT deductible. So, if you are making monthly court-ordered payments that include both alimony and child support, you can only deduct the portion of those payments that are considered alimony. Usually the court order will specify these amounts.
Can a NJ pension be garnished for alimony?
In New Jersey, a pension can be subject to garnishment for alimony payments, but specific conditions must be met. The court may order that a portion of the pension benefits be allocated for alimony if the recipient is in default of their payments. However, the process involves legal proceedings, and the garnishment must comply with state laws and the terms of the divorce judgment. It’s advisable to consult a legal professional for detailed guidance on this matter.
Can a spouse's retirement account be garnished?
Yes, a spouse's retirement account can be garnished under certain circumstances, such as for unpaid debts, child support, or alimony obligations. However, specific laws and regulations vary by state, and retirement accounts often have protections under federal laws, like ERISA, which may prevent garnishment. In cases of divorce, retirement accounts may be divided through a Qualified Domestic Relations Order (QDRO). It's advisable to consult a legal expert for guidance in such situations.
Can an ex-spouse garnish retirement income for nonpayment of spousal support?
yes, child support and alimony are the only two debtors that can garnish your social security.
