Question:
When I was employed and paying into FICA out of each paycheck, I also paid a child support arrears garnishment from the same gross earnings.
I am now disabled and receive RSDI benefits that come from my FICA account. The state is now garnishing my RSDI benefits even though the money that is in my FICA account has already been garnished under the exact same case number.
Wouldn’t that be considered duplicative wage garnishment?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce and child support laws where I am licensed to practice.
When a garnishment occurs, a notice of income withholding is sent out and the garnishee would have the opportunity to resist or appeal the garnishment. There is typically an appeal process or a Motion to file to determine the amount of the garnishment and what would be appropriate if the garnishment has already gone through processing and is already occurring, as is your case.
You have the opportunity to bring up all defenses to the garnishment at that time. This would include the defense that you are already paying the garnishment and should not be garnished twice, if in fact it is duplicative.
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Second, based on the circumstances, it may be necessary to modify any existing child support orders or any arrears payback schedule. Disabilities are considered a change in circumstances which would justify a change in the “purge plan” or payback schedule, or a change in the actual monthly amount owed.
This would likely require filing an application with the court to modify existing support orders or “purge plans” or payback schedules.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
