Hi Larry!

I just won a sizesble judgment against my ex-husband for his violations of the terms of the divorce.

He was determined to be voluntarily impoverished, and has refused to cooperate with child support. Court modified the Support amount monthly to $1600 + $200 toward arrears.

As he is 60, I’m planning to have to garnish quite a while of his Social Security to recoup what’s owed.

Is it possible to have the judge order that he start drawing benefits at 62 so I can garnish then instead of waiting three more years?

Hi,

Nothing in the Social Security law would force your ex to file for his benefits in order to satisfy a debt, but I'm not a lawyer so I'm not sure whether or not a court order could force him to do so. I've never heard of that happening, though, so I'm doubtful. Furthermore, your ex would have to be eligible for benefit payments in the first place in order for a portion of them to be garnished, and depending on his earnings he may not be able to draw benefits at age 62 (https://www.ssa.gov/planners/retire/whileworking.html).

By the way, if you were married to your ex for at least 10 years and are currently unmarried, you wouldn't necessarily need to wait until he files for his benefits in order to potentially qualify for divorced spousal benefits. As long as both you and your ex are at least age 62 and have been divorced for at least 2 years, you could potentially qualify for divorced spousal benefits if you meet the other requirements (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). Your benefits would be reduced for age, though, if you start drawing them prior to your full retirement age. Our maximization software could help you sort out your options and determine your best strategy for claiming benefits.

Best, Jerry