TN 30 (03-96)

NL 00703.712 Notice to Beneficiary/Payee — Initial Withholding Due to Garnishment — Court Ordered Amount More Than Federal or State Limits

Document Identifier: E3712

A. Exhibit letter

SSN:

We are writing to you about court order number (1) .

In an earlier letter, we told you that we might have to take money out of (2) Social Security payments to satisfy the court order. (3) order us to take money out to collect child support, alimony, or court ordered victim restitution. Therefore, we will reduce the monthly payments (4) .

 

What We Will Take Out

We will take out (5) from each monthly payment to collect what (6) . You will receive a check for $ (7) each month beginning with the check you receive around (8) .

 

OPTIONAL

How We Decided The Amount To Take Out

3712A

The Consumer Credit Protection Act includes rules on how much we can take out of monthly payments for child support and/or alimony. The amount depends on whether an individual is supporting a spouse or dependent child(ren) other than those named in the court order. The limits are as follows:

  • 50 percent of benefits may be taken out if an individual is supporting a second family.

  • if an individual is not supporting a second family, 60 percent of benefits may be taken out.

The above rates increase 5 percent to 55 percent and 65 percent if an individual owes more than 12 weeks in back payments.

If (1) a second family, we can take out less. We need some proof, such as a sworn statement or copy of tax returns to show that (2) at least one half of the support they receive. Until we receive that proof, we must apply the higher limit. Please send this information to us, at the address shown at the top of this letter, within 30 days of the date of this letter.

If you provide this information, you have consented to allow us to share it with the court and the person(s) named in the court order.

or
3712B

We did not take out the amount requested in the court order because it exceeds your State's limits on the amount we can take out of a person's Social Security payment for child support, alimony, or court ordered victim restitution.

 

If You Disagree With The Decision

If you disagree with the decision of (9) , you will need to contact them directly, or have a lawyer do this for you. They can be contacted at:

 

  • (10)

     

If You Have Any Questions

3901C

B. Requesting instructions

  • This letter should be sent to the beneficiary/payee when garnishment of benefits begins.

  • Use 3712A and the appropriate caption when the Consumer Credit Protection Act is used to determine the garnishment amount.

  • Use 3712B and the appropriate caption when the maximum withholding allowed by the state is less than the amount the Consumer Credit Protection Act allows.

  • Refer to NL 00703.005E. for 3901C text.

     

Fill-ins:

  1. case/file number

  2. “your”/beneficiary's full name, possessive in format: Robert L. Smith's

  3. name of court or public official/agency in format: Baltimore County Court

(4)Choice 1 -for the months of       . (when there is a limited timeframe)
 Choice 2 -beginning       . (the month/year change is effective)
  1. money amount or percentage of withholding

  2. “you owe”/beneficiary's last name “owes”

  3. adjusted monthly benfit amount

    <