Ask Larry

How Much Can My Son's Ex-Wife Take From His Check?

My adult son has been disabled for 5 years, because of being injured at work. He was on WC but it stopped 1 1/2 years ago. So, he has had NO INCOME for that time.

We are a "senior & disabled couple" and he has been living with us for 2 years. We live on SS checks, and cannot pay our bills adequately.

IF my son is approved for SSDI and can start receiving checks, HOW MUCH can his abusive Ex-wife take from those checks?

She has a "lien" on all income.

Hi,

In order to take away any portion of your son's Social Security disability benefits (SSDI), his ex-wife would need to obtain a court order requiring Social Security to garnish your son's SSDI. Social Security benefits can be garnished for alimony, child support or restitution. The amount to be garnished is up to the court's discretion, but the percentage of benefits that can be garnished is typically limited according to state law. I have no idea what garnishment percentage your state permits.

Best, Jerry

Category: 
Posted: 
Jan 17 2018 - 10:12am
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