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Order to pay attorney's fees from Social Security

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joebud86

Junior Member
What is the name of your state (only U.S. law)? California

Last July my husband was ordered to pay his ex-wife's attorney $250 per month over a period of 20 months. Last week, the same judge ordered my husband to forfeit his entire income of $1850 per month to pay his ex-wife a money judgement of $24,000 over a period of 13 months. He is left with a Social Security check of $763. When he wrote his ex-wife's attorney to see if the $250 to him could be suspended until the judgement was satisfied, he received a letter back stating "that wouldn't be prudent". If that is the case, my husband will be left with $513 of his Social Security for food and medicine for both of us. My small pension and Social Security check barely cover our mortgage, bills and utilities with not a dime left over for food and medicine.

How can a judge order you to pay more than you can afford? How can she take from his little Social Security? We are scared to death. We have been married barely one year. I am nearly 71 and he will be 80 in November. Is there no protection for the elderly rights? Why couldn't the judge extend the payments over more time so we could live. My husband is ill and can't work. I have applied for a job, but am not released to do that yet due to shoulder surgery last Oct.

Any advice or input would be appreciated.
 


HRZ

Senior Member
THis is not a question about his age ....but there are some serious caps on income garnishment ....and some restrictions about tapping into SS and there may be restrictions on how much of pension can be tapped ...

I do NOT know the answers ..I just know there are problem to squeeze a debtor too hard and there may be defenses against that and even ways to squash the order. .

I suspect there may be questions about if his prior debt is community debt in CA...but I would strongly urge you to set up separate bank accounts so only his SS goes into one,,,your SS goes into another .etc. until smoke clears as a minimum

Bankruptcy probably does not extinguish overdue alimony if that's what it was...and you didn't tell us, but most anything else

BUt it sure may make sense that he review on Monday if bankruptcy is an appropriate tool for his situation.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? California

Last July my husband was ordered to pay his ex-wife's attorney $250 per month over a period of 20 months. Last week, the same judge ordered my husband to forfeit his entire income of $1850 per month to pay his ex-wife a money judgement of $24,000 over a period of 13 months. He is left with a Social Security check of $763. When he wrote his ex-wife's attorney to see if the $250 to him could be suspended until the judgement was satisfied, he received a letter back stating "that wouldn't be prudent". If that is the case, my husband will be left with $513 of his Social Security for food and medicine for both of us. My small pension and Social Security check barely cover our mortgage, bills and utilities with not a dime left over for food and medicine.

How can a judge order you to pay more than you can afford? How can she take from his little Social Security? We are scared to death. We have been married barely one year. I am nearly 71 and he will be 80 in November. Is there no protection for the elderly rights? Why couldn't the judge extend the payments over more time so we could live. My husband is ill and can't work. I have applied for a job, but am not released to do that yet due to shoulder surgery last Oct.

Any advice or input would be appreciated.
I know it would seem cost prohibitive at this point but I think that your husband needs to at least consult a local attorney. I do not believe that the judge can order him to give up that much of his monthly income to a judgment. I believe that the judge may have abused his discretion with that order. However, a local attorney is in a better position to confirm or deny my opinion.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? California

Last July my husband was ordered to pay his ex-wife's attorney $250 per month over a period of 20 months. Last week, the same judge ordered my husband to forfeit his entire income of $1850 per month to pay his ex-wife a money judgement of $24,000 over a period of 13 months. He is left with a Social Security check of $763. When he wrote his ex-wife's attorney to see if the $250 to him could be suspended until the judgement was satisfied, he received a letter back stating "that wouldn't be prudent". If that is the case, my husband will be left with $513 of his Social Security for food and medicine for both of us. My small pension and Social Security check barely cover our mortgage, bills and utilities with not a dime left over for food and medicine.

How can a judge order you to pay more than you can afford? How can she take from his little Social Security? We are scared to death. We have been married barely one year. I am nearly 71 and he will be 80 in November. Is there no protection for the elderly rights? Why couldn't the judge extend the payments over more time so we could live. My husband is ill and can't work. I have applied for a job, but am not released to do that yet due to shoulder surgery last Oct.

Any advice or input would be appreciated.
What was the reason for the legal action that resulted in the judgment against your husband?
 

joebud86

Junior Member
I know it would seem cost prohibitive at this point but I think that your husband needs to at least consult a local attorney. I do not believe that the judge can order him to give up that much of his monthly income to a judgment. I believe that the judge may have abused his discretion with that order. However, a local attorney is in a better position to confirm or deny my opinion.[/QUOTE

He consulted two different attorneys and they both wanted $4000 retainers just to read the paperwork. It is a holiday today, but we will seek some advice from an elderly help program tomorrow. The judge was in a very bad mood this time and ordered it all payable. When we were in court for the attorney fees hearings, she was in a good mood and asked the attorney, who was asking for this same entire check for his payment, how he expected my husband to live. The attorney answered that he had a new wife and looked like his life was cushy. That upset her and she ordered my husband to pay $5,000 at $250 per month without interest. The attorney was asking for over $25,000. He is her third attorney. She has spent a total of $49,000 to collect this $24,000.
Thank you for responding. Hopefully we can get some help tomorrow locally.
 

quincy

Senior Member
He consulted two different attorneys and they both wanted $4000 retainers just to read the paperwork. It is a holiday today, but we will seek some advice from an elderly help program tomorrow. The judge was in a very bad mood this time and ordered it all payable. When we were in court for the attorney fees hearings, she was in a good mood and asked the attorney, who was asking for this same entire check for his payment, how he expected my husband to live. The attorney answered that he had a new wife and looked like his life was cushy. That upset her and she ordered my husband to pay $5,000 at $250 per month without interest. The attorney was asking for over $25,000. He is her third attorney. She has spent a total of $49,000 to collect this $24,000.
Thank you for responding. Hopefully we can get some help tomorrow locally.
You are smart to seek help from an agency/organization that assists senior citizens with their legal needs. The attorneys provide low or no cost legal assistance.

Good luck.
 

joebud86

Junior Member
What was the reason for the legal action that resulted in the judgment against your husband?
I answered the question about the reason for the judgement yesterday but I don't see it here. Gosh dang it, it's long, but here goes.
My husband left MN and moved back to CA as soon as the divorce was filed. When he went to withdraw funds from their bank account, he found she had cleaned it out. She also cashed a $40,000 money market account. The judge in MN ordered my husband to pay his ex-wife half of a check (his only income) he was getting from a loan he made on a property he owned free and clear, years before he met her. It was wrong, but the judge said he had not shown proof that the property was not marital property so he had to give her half. That is why he was only left with half and it's the half the judge just ordered him to give her for 13 months.
My husband's attorney in MN went to work for his ex-wife's attorney a week after the divorce hearing. That is why she did not represent him properly and that is why nothing was provided the court to show that he owned the property long before he met and married her. We filed a complaint against his attorney and after a years, we received a letter and the copy of her admonishment. It changed nothing. My husband would have to fly back to MN and hire an attorney there to fight this. Keep in mind that the check in question will end 9/15/2020. The loan will be satisfied then. Who knows how long it would be tied up in court?
To the reason for the judgement......my husband was so upset about her taking all the money they had, he withheld $20,000 before he started giving her half of his check. He felt he deserved at least half of the money market. His ex got a sister state judgement in CA and that is what the order was from last week.
It sounds like a soap opera, but it's true.
 
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quincy

Senior Member
I am not sure I have followed all of that on a first read. :)

But here is a link to the Social Security Administration website's frequently asked question, "What are the laws allowing the garnishment and levy of Social Security Benefits?"

https://faq.ssa.gov/link/portal/34011/34019/Article/3812/What-are-the-garnishment-and-levy-of-Social-Security-benefits

The elder law attorney you speak to can tell you/your husband better whether the court order needs to be modified to conform with the law.

Good luck.
 
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CTU

Meddlesome Priestess
I answered the question about the reason for the judgement yesterday but I don't see it here. Gosh dang it, it's long, but here goes.
My husband left MN and moved back to CA as soon as the divorce was filed. When he went to withdraw funds from their bank account, he found she had cleaned it out. She also cashed a $40,000 money market account. The judge in MN ordered my husband to pay his ex-wife half of a check (his only income) he was getting from a loan he made on a property he owned free and clear, years before he met her. It was wrong, but the judge said he had not shown proof that the property was not marital property so he had to give her half. That is why he was only left with half and it's the half the judge just ordered him to give her for 13 months.
My husband's attorney in MN went to work for his ex-wife's attorney a week after the divorce hearing. That is why she did not represent him properly and that is why nothing was provided the court to show that he owned the property long before he met and married her. We filed a complaint against his attorney and after a years, we received a letter and the copy of her admonishment. It changed nothing. My husband would have to fly back to MN and hire an attorney there to fight this. Keep in mind that the check in question will end 9/15/2020. The loan will be satisfied then. Who knows how long it would be tied up in court?
To the reason for the judgement......my husband was so upset about her taking all the money they had, he withheld $20,000 before he started giving her half of his check. He felt he deserved at least half of the money market. His ex got a sister state judgement in CA and that is what the order was from last week.
It sounds like a soap opera, but it's true.
It looks like the court decided he willfully refused to pay what he'd been ordered to pay (which seems to be accurate). Would you agree?
 

joebud86

Junior Member
It looks like the court decided he willfully refused to pay what he'd been ordered to pay (which seems to be accurate). Would you agree?
He never should have withheld the money. That is correct, but she refused any settlement offers. He can't afford to send her his entire check or it would have been taken care of already. We had hoped that the judge would have settled it by making his ex wife accept payments that he could afford. Instead, she ordered him to pay almost everything he has to survive on. I am applying for jobs, but that judge has left us without enough to buy our medications and food. It does't seem right.
 

not2cleverRed

Obvious Observer
He never should have withheld the money. That is correct, but she refused any settlement offers. He can't afford to send her his entire check or it would have been taken care of already. We had hoped that the judge would have settled it by making his ex wife accept payments that he could afford. Instead, she ordered him to pay almost everything he has to survive on. I am applying for jobs, but that judge has left us without enough to buy our medications and food. It does't seem right.
Well, willfully refusing to pay what he was ordered to pay wasn't right. He could have afforded the payments if he had not spent the money he wrongly took.
 
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quincy

Senior Member
He never should have withheld the money. That is correct, but she refused any settlement offers. He can't afford to send her his entire check or it would have been taken care of already. We had hoped that the judge would have settled it by making his ex wife accept payments that he could afford. Instead, she ordered him to pay almost everything he has to survive on. I am applying for jobs, but that judge has left us without enough to buy our medications and food. It does't seem right.
The judge must have seen something in what was presented in court that justified his order. The attorney your husband sees will be better able to explain the order and can review the facts that prompted it.

If the payments are determined on review to exceed amounts allowable under the law, your husband's attorney can assist in getting a modification.

If your husband has property he can sell to satisfy the judgment, he probably should consider doing that sooner rather than later.

Good luck.
 

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