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Dad is refusing to pay mom his court order. He is only collecting social security, can the court...

Discussion in 'Alimony & Spousal Support' started by Curiosity22, Sep 14, 2015.

  1. Curiosity22

    Curiosity22 Law Topic Starter New Member

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    Jurisdiction:
    California
    Good morning.
    My parents recently divorced. The only source of income is social security. In the divorce proceedings the judge ordered my dad to pay my mom$250.00 monthly. He is refusing to pay her (my mom never worked da day in her life). So my question is: Since he is not complying with the court order, would the court require the social security office to send payments to my mom? I know this can be done when someone receives a regular check. Not sure about social security. My dad seems to think that the court can’t touch his social security because this is pension that he earned for working but not sure how this deal works. Thank you much.
     
  2. ElleMD

    ElleMD Well-Known Member

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    This is for your mother to pursue if she so chooses. If she does not wish to enforce the CS order, you can not do so on her behalf.
     
  3. Curiosity22

    Curiosity22 Law Topic Starter New Member

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    I am not doing for her, I am asking on her behalf (and she has expressed that she wants to peruse) I did help her submit a court paper that tells the court that dad is not paying. But was not clear on what is next? Wanted to know if the court will enforce social security to pay mom?

    Thank you for your response. Divorce is ugly on all ends and shouldn't be.
     
  4. ElleMD

    ElleMD Well-Known Member

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  5. Curiosity22

    Curiosity22 Law Topic Starter New Member

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    It's money from working from a company that he was at like for 40 years, didn't know there were different types.

    Thank you.
     
  6. ElleMD

    ElleMD Well-Known Member

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    That isn't social security, that is a pension of some kind. VERY different. It depends on what it is as to whether or not it can be garnished. All your mother has to do is file for contempt. Why worry about how a judge might order compliance?
     
    KatDini likes this.
  7. army judge

    army judge Super Moderator

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    Social Security authorities can withhold Social Security benefits to enforce legal obligations to pay child support, alimony or restitution. State laws determine how valid garnishment orders are applied.

    Can my Social Security benefits be garnished for alimony, child support or restitution?


    The exact amount that can be withheld to honor a levy against SS benefits is no more than 15% of the benefit received to satisfy tax obligations. Some types of SS awards can't be touched. You'll learn more by speaking with SS directly (or your mom will), and after the upcoming court hearing. Dad might be surprised about things, so might mom.

    Your mother can file for social security at age 62 in MOST cases.
    She need NOT ever have worked, as she can file for social security because she was married to your father.

    Generally a spouse can receive about 66% of what the other spouse receives, if she or he is age eligible or disabled (which eliminates the age requirement).

    Apply for this type of benefit can be done online for free.

    Read all about it, help mom apply, and see what happens.

    Its far more money than a lousy $250, and it won't ever be late!!!

    If she has dependent children, she can apply for benefits for those kids, too.

    Whatever she would receive would have no impact on what dad receives.

    Be smart, stay out of the court system.

    Benefits for Spouses
     

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