The Social Security Administration (SSA) was served with a garnishment order from
the General Court of Justice, District Court Division of Iredell, County, North Carolina
dated July 25, 2002. The garnishment order provides for the withholding of $1,005.04
from the Social Security benefits of Donald S~ to satisfy an alimony obligation. You
have submitted the order to our office for review because POMS GN 02410.245 states that the Office of the General Counsel should review North Carolina garnishment
orders for alimony alone and no child support.
We have previously advised that this POMS section should be changed consistent with
current North Carolina statutes. Section 50-16.7(e) of the North Carolina General
Statutes provides as follows:
“(e) The remedies of attachment and garnishment,
as provided in Article 35 of Chapter 1 and Article 9 of Chapter
110 of the General Statutes, shall be available in actions for alimony
or postseparation support as in other cases, and for such purposes
the dependent spouse shall be deemed a creditor of the supporting
spouse.”
Your office can honor and process the garnishment order in the same manner that you
process an order for child support or alimony and child support. The length of the
garnishment is continuous until further notice from the court or the death of the
number holder. The maximum withholding in the state is governed by the federal limitations
in 15 U.S.C. § 1673(b).
Very truly yours,
Mary Ann S~
Regional Chief Counsel, Atlanta
Sharon F. Y~
Assistant Regional Counsel