Newark, NJ asked in Child Support and Family Law for New Jersey

Q: can my nj pension be subject to child support intercept

I wasnt married to the mother of my child and she urged the courts to go after my pension to pay her child support I have been unable to work for at least 3 years

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: There is specific case law on this subject - which means that the court can enter invade your pension for unpaid child support but there are specific procedures and limitations applicable. It probably makes sense for you to meet with a family law attorney to review the application and the order for invasion to ensure that it is proper.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. Pensions are governed by the federal law, specifically the ERISA statute, but state courts in New Jersey have held that a pension may be garnished to pay child support. There may be more than one court order needed for the plan administrator of the pension to do so. In addition to a certified copy of the court order from the family court judge, some plan administrators may require a second order, a qualified domestic relations order, to carry out the wage garnishment.

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