Garnishment of SSDI income for alimony in Florida

[rodman98]

I divorced in Florida in 1996. The divorce settlement states I would pay permanent alimony. I now am disabled and receiving VA disability and Social Security Disability (SSDI). I do not have any other income or assets. I have been told by my lawyer that my SSDI could be garnished if I did not pay the alimony. However, I have found case law where in my circumstance my disability did not occur until many years after the divorce. The SSDI was not a marital asset. It should be classified as my separate property. I have read that federal law would trump state law anyway. I still am not sure if my SSDI could be garnished. I would like to have an answer that I can completely trust.

 

[Proserpina]

Yes, it can indeed be garnished to satisfy a support obligation.

The real question though should be, "Does my decree allow for modification?"

 

[army judge]

I divorced in Florida in 1996. The divorce settlement states I would pay permanent alimony. I now am disabled and receiving VA disability and Social Security Disability (SSDI). I do not have any other income or assets. I have been told by my lawyer that my SSDI could be garnished if I did not pay the alimony. However, I have found case law where in my circumstance my disability did not occur until many years after the divorce. The SSDI was not a marital asset. It should be classified as my separate property. I have read that federal law would trump state law anyway. I still am not sure if my SSDI could be garnished. I would like to have an answer that I can completely trust.

Let's start with a DEFINITIVE statement from one of the Social Insecurity Potentates:

http://www.acf.hhs.gov/programs/css/resource/attachment-of-social-security-benefits

http://www.vcu-ntc.org/resources/questionsOfTheWeek/Can SSA disability benefits be garnished.pdf

Child support and alimony are exceptions to attachment, and treated like student loans and income taxes owed.


There you go.

 

[Proserpina]

Hold up AJ.

SSDI = can be attached for alimony and/or child support.

SSI = cannot be attached, period.

Just making sure we're on the same page (which could very well be my fault, given the fantabulous Unexpectabowl games today)

 

[Betty3]

Agree re SSDI & SSI. I "think" AJ was just referring to the info in his links (exceptions re SSDI re child support/alimony & not SSI) You're still on a high from the football games' results.

 

[army judge]

Hold up AJ.

SSDI = can be attached for alimony and/or child support.

SSI = cannot be attached, period.

Just making sure we're on the same page (which could very well be my fault, given the fantabulous Unexpectabowl games today)

Yes ma'am, only illustrating what the social insecurity hotshots have said.

 

[Proserpina]

Phew. I thought I'd gone nuts for a minute

The fact remains though - this guy out-earns most people. He's not getting out of his obligation any time soon.

 

[army judge]

Phew. I thought I'd gone nuts for a minute

The fact remains though - this guy out-earns most people. He's not getting out of his obligation any time soon.

He can thwart it, delay it, but it'll just get bigger.

And, the end is inevitable, they'll get their pound of flesh. They always do.

 

[Betty3]

Phew. I thought I'd gone nuts for a minute

The fact remains though - this guy out-earns most people. He's not getting out of his obligation any time soon.

Yep - he gets VA disability & SSDI........