I receive public benefits. Can a portion of my public benefits be taken to pay for spousal support?

It depends on the type of benefits you are receiving. Federal benefits can be garnished to provide spousal support.[2597] Under California law, up to 25% of unemployment compensation benefits and state disability benefits can also be withheld to pay spousal or child support[2598]. Other state benefits such as welfare cannot be withheld. An application has to be made to the court giving you an opportunity to contest any such garnishments before they can take effect.

  1. 2597

    42 U.S.C. §§ 659, 666.

  2. 2598

    Cal. Fam. Code § 17518