Can't garnish ex-spouse's Social Security for alimony - court won't submit order
I've spent 3 months trying to collect over $23,000 in back alimony payments through garnishing my ex-spouse's Social Security benefits. I finally got a court judgment allowing this garnishment, but now I'm completely stuck in a bureaucratic nightmare! When I took the garnishment order to my local Social Security office, they told me I can't submit it myself - only the court can submit it directly to SSA. So I went back to the judge's office and they claimed they've "never done this before" and don't know how to submit it. Their exact words: "We have written the order so we are done here." I feel like I'm in an impossible situation. Social Security won't accept it from me, and the court refuses to submit it themselves. I've called the SSA helpline twice but couldn't get any information about where exactly the court needs to send this order. Has anyone successfully garnished an ex-spouse's Social Security benefits for alimony? How did you navigate this process? Which specific SSA department handles these garnishment orders? I'm desperate for some practical guidance here.
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Zainab Ibrahim
I went through this exact situation last year. The court DOES need to submit it - specifically to the SSA's Office of Central Operations in Baltimore. The judge's clerk needs to send the certified garnishment order to: Social Security Administration Office of Central Operations Court Order Garnishment Unit P.O. Box 2861 Baltimore, MD 21241 Print this information and bring it directly to the judge's clerk. The garnishment can only apply to 65% of their benefits at most, per federal regulations. Make sure the court order specifically references Section 459 of the Social Security Act which permits garnishment for alimony.
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Miguel Castro
•THANK YOU SO MUCH! This is exactly what I needed. I'm going to print this out tomorrow and take it to the clerk's office. Did you have any issues once the court submitted it? How long did it take for the garnishment to actually start?
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Connor O'Neill
my brother had to do this and said it was a NIGHTMARE. took almost 8 months to actually get the money flowing. keep calling ssa every week to check on status once court sends it in. good luck!
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Miguel Castro
•8 months?? That's horrible... I've already been waiting so long for these payments. At least it worked eventually for your brother. I'll definitely stay on top of it with weekly calls.
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LunarEclipse
The judge's office is being lazy and unhelpful. They absolutely CAN and SHOULD submit this for you - it's literally their job! I work in family law and we handle these regularly. The court must submit Form SSA-1990 along with the certified court order to the SSA Central Office. Print out Form SSA-1990 (Income Withholding for Support) from the SSA website, fill out your part, and bring it to the clerk with firm instructions. If they still refuse, ask to speak with the court administrator or file a complaint with your state's judicial oversight committee. This is not okay!
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Yara Khalil
•I disagree with this completely. I went through a similar situation but from the other side (my benefits were being garnished). The SSA specifically told my ex that courts CANNOT initiate the garnishment process. Only the person owed money can do it by filing form SSA-581 with their local office. Then the SSA contacts the court for verification. People on here giving bad advice without knowing the ACTUAL PROCESS is so frustrating!!!
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Keisha Brown
Have you considered using Claimyr to speak with a SS agent directly about this? I was stuck in a similar bureaucratic loop (different issue but same run-around) and couldn't get through on the phone for weeks. I used claimyr.com and they got me connected to an actual SSA agent in about 20 minutes. The agent walked me through exactly where my court needed to send the paperwork. Saved me so much time and frustration! You can see how it works here: https://youtu.be/Z-BRbJw3puU
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Miguel Castro
•I've never heard of this service! At this point I'm willing to try anything to get this resolved. My ex owes me over $23k and I'm drowning in bills. Going to check out that video now, thanks for the suggestion!
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Paolo Esposito
I help my clients with these situations regularly. Here's what's happening: there's confusion because there are TWO different types of garnishments: 1. Income withholding for child support/alimony (which CAN be taken from Social Security benefits) 2. Regular civil garnishments (which CANNOT be taken from SS benefits) Your court probably wrote a regular civil garnishment order rather than a proper income withholding order specifically for Social Security benefits. That's why SSA rejected it. You need to go back to court and ask for an "Income Withholding Order for Support" that specifically references Section 459 of the Social Security Act. The court must then send this to the SSA Central Office in Baltimore. Some clerks aren't familiar with this process because SS garnishments are less common than regular wage garnishments.
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Miguel Castro
•This makes so much sense! The judge DID write a standard garnishment order without any specific reference to Social Security or Section 459. I'll request a corrected order right away. Do you know if they can amend the existing order or will I have to file for a new one? The filing fees are really expensive.
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Paolo Esposito
•They should be able to amend the existing order without additional filing fees since this is essentially a technical correction. Bring a copy of the SSA guidelines (available on ssa.gov) that outline the proper format for these orders. Ask specifically for an "Income Withholding Order for Support" under Section 459 of the Social Security Act, and explain that the previous order was rejected for being improperly formatted. Most judges will correct this without requiring a new filing.
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Amina Toure
my sister tryd to do this and SSA said NO WAY they don't garnish for regular debts EVER!!! are you SURE they can even take money for alimony?? i think maybe you got bad info
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Zainab Ibrahim
•Social Security benefits CANNOT be garnished for regular debts (credit cards, medical bills, etc.), but they CAN be garnished for alimony and child support. That's a special exception under federal law - specifically Section 459 of the Social Security Act. This is a common misunderstanding that makes this process so complicated.
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Connor O'Neill
this happened to my friend and she went to her congressman's office for help!! they have caseworkers who deal with SS problems and they sorted it out in like 2 weeks! try that maybe??
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Miguel Castro
•I hadn't even thought about contacting my representative. That's a great suggestion if I can't get anywhere with these other approaches. I'll keep this as a backup plan. Thanks!
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Yara Khalil
Why are you trying to take someone's Social Security check??? That's terrible! Those benefits are protected for a reason - people need them to survive. Your ex worked for those benefits! I don't care what the court says, going after someone's SS check is just wrong.
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Miguel Castro
•My ex owes me over $23,000 in court-ordered alimony that I need to pay my mortgage and medical bills. I've tried everything else to collect for 3 years. The law specifically allows garnishment for alimony because my contribution to our 25-year marriage helped earn those benefits too.
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Yara Khalil
•Well maybe he can't afford to pay you AND survive himself! Did you think of that? SS barely covers basic needs for most people. There's got to be another way besides taking someone's retirement.
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LunarEclipse
•The law limits garnishment to 65% of benefits specifically to ensure the beneficiary still has income for basic needs. The courts don't grant alimony garnishments without considering both parties' financial circumstances. This is exactly why these legal protections and processes exist.
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Kelly Sweetser
•@Yara Khalil how bout he stopped paying my alimony because the girlfriend didn't like it. I gthhave had to go on welfare and they are hiding assets in her grandchildrens names AND he threatened to kill my son and grandchildren if i took him to court. He is now drawiing SS and that is the only way i can get a FRACTION of what he owes me.
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