My friend, a 55 year old male, became disabled last year after a brain stem hemorrhage. He has been unable to pay his $1700/month alimony payment since Jan. 07. I know that SSA benefits are subject to garnishment for alimony. I called SSA today and they told me there is no limit to what they can garnish. Since his monthly payment is $1900, they will expect him to live on $200/month?

My question is: Is the California alimony judgment sufficient for her to garnish his payments immediately or does she have to go back to court to process this? If she goes back to court, he can then try to amend the monthly amount. If she can use the current judgment, he will have to be proactive and find an attorney now to get his alimony reduced.

Now that he is disabled, he should be able to get the ruling changed. Have him talk to a lawyer and see what his options are.

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Originally Posted by greenchristine

My friend, a 55 year old male, became disabled last year after a brain stem hemorrhage. He has been unable to pay his $1700/month alimony payment since Jan. 07. I know that SSA benefits are subject to garnishment for alimony. I called SSA today and they told me there is no limit to what they can garnish. Since his monthly payment is $1900, they will expect him to live on $200/month?

My question is: Is the California alimony judgment sufficient for her to garnish his payments immediately or does she have to go back to court to process this? If she goes back to court, he can then try to amend the monthly amount. If she can use the current judgment, he will have to be proactive and find an attorney now to get his alimony reduced.

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Alimony changes as circumstances change - it is important for either your friend to petition the Court for a change in alimony or for someone to obtain his Power of Attorney and petition the Court. He will probably owe the past-due alimony but ongoing should be reduced.