If I obtain a civil judgement against someone in small claims court, canI garnish their monthy alimony payment?
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If I obtain a civil judgement against someone in small claims court, canI garnish their monthy alimony payment?
I am thinking of suing in small claims court for unpaid monies owed me by another person. If I were to obtain a judgement against this person, could I then go on to garnish her only income of a monthly alimony payment?
Asked on March 13, 2011 under Bankruptcy Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Each state has certain sources of income that are exempt from garnishment. However, in CA, alimony is not among them. Although has a practical matter it would be very difficult if not impossible to garnish a person's alimony directly from the paying spouse, but you could seize your debtor's bank account if they hold such funds in it.
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