TN 30 (03-96)

NL 00703.733 Notice to Court — Amended Order — Withheld Amount Increased —Court Ordered Amount More Than Maximum Allowed

Document Identifier: E3733

A. EXHIBIT LETTER

SSN:

As amended court order number (1) requested, we have changed the amount that we take out of (2) Social Security payments beginning (3) . However, we can only withhold $ (4) a month. This is (5) percent of (6) payment amount. We will send the new amount to (7) no later than the 15th of each month.

(8)

If you have any questions, please write to us at the above address.

B. REQUESTING INSTRUCTIONS

  • The PSC will send this letter when we increase the amount withheld but we cannot withhold the amount stipulated in the amended order because it is more than the maximum allowed.

     

  • Fill-ins:

    1. case/civil action number

    2. beneficiary's name, possessive in format: John Smith's

    3. month and year

    4. new dollar amount being withheld

    5. percentage

    6. beneficiary's last name, possessive in format: Mr. Smith's

    7. name of person/place receiving the garnished payments

(8)

Choice 1 -

Use if the court has asked us to withhold more than the Consumer Credit Protection Act allows.

  

“We are not withholding the amount requested in the court order because the Consumer Credit Protection Act limits the amount we can take out of a person's Social Security payment for child support and/or alimony (15 U.S.C., Section 1673). The amount depends on whether the person is supporting a spouse and/ or dependent child(ren) other than those whose support has been ordered:

  • If yes, we may take out up to 50 percent.

  • If no, we may take out up to 60 percent.

The above rates may be increased 5 percent to 55 percent and 65 percent if the person owes more than 12 weeks in back payments.”

 

Choice 2 -

Use if the court has asked us to withhold more than the State law allows.

  

“We are not withholding the amount requested in the court order because it exceeds your State's limit on the amount we can take out of a person's Social Security payment for child support and/or alimony. Your State limit is (fill in percentage).”


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0900703733
NL 00703.733 - Notice to Court -- Amended Order -- Withheld Amount Increased --Court Ordered Amount More Than Maximum Allowed - 05/01/1999
Batch run: 01/27/2009
Rev:05/01/1999