Q: Ex was awarded 1/2 my pension. He’s behind in child support. Will this be garnished if still unpaid when I retire?
He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be garnished to pay unpaid support? He’s already been referred to federal offset program here in NJ
A: Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment purposes. You have to spell out the amount outstanding, the amount of his share of the monthly pension benefit and ask that all or a portion of his share of your pension be garnished until he has paid off the amount owed. The court is also not going to do the calculations for you or figure out how to accomplish what you want done. Its your responsibility to spoon-feed the information to the court so that the court can enter an order that actually accomplishes what you want done.
A: Thank you for your question. I am sorry that your ex is behind in child support. Yes, in most circumstances, private pensions (but not social security) can be garnished. However, it is not “automatic.” You will likely need to make an application to the Court to establish the garnishment. I strongly suggest you speak to an experienced Family Law attorney regarding this matter.
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