Legal Authorization

• In most cases, except when the debt involves unpaid student loans, child support or taxes, a creditor cannot garnish your alimony payments without legal authorization. The creditor must first file a civil lawsuit against you for the debt and receive a judgment award from the court. A judgment makes you legally liable for the debt and permits the creditor to seek recovery through involuntary means. After receiving a judgment award, the creditor may apply for a writ of garnishment, which may allow the creditor to garnish your alimony payments.
  
  

State Exemptions

• Both federal and state law provide exemptions that restrict a creditor's ability to execute a garnishment order. Federal law does not provide an exemption for alimony payments; however, it does allow states to provide exemptions at least as broad as those available under federal law. Some states specifically provide garnishment exemptions for a portion of your alimony payments. For example, Kentucky and Oregon exempt the amount of your alimony payments necessary for your support, as determined by the court. Other states, including Ohio and Alabama, do not specifically prohibit alimony garnishment.
  
  

Bank Garnishment

• Although some states provide exemptions for alimony income, your alimony payments may not be protected if you deposit the funds into your bank account. Most states permit judgment creditors to order the garnishment of your bank-account funds to pay toward your debt. Exemptions on bank-account funds vary by state; for example, Ohio exempts $400 in your account, while Pennsylvania allows judgment creditors to completely drain your account.
  
  

Considerations

• Taking steps to avoid a judgment is essential for protecting your alimony payments and other sources of income from garnishment. Calling your creditor and proposing a repayment solution shows you are committed to repaying your debt and can make the option of a lawsuit less attractive to the creditor. If you cannot make your payments and have other delinquent debts, bankruptcy can also help you avoid judgment and garnishment.