Can pension be garnished for settlement debts?

Submitted by odpovedi on Tue, 02/23/2010 - 23:22
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Can court order pension garnishment for settlement money which person owes to previous spouse? We live in Connecticut.

My ex-husband refuses for more than 4 years to pay divorce settlement to me despite all court orders. He has hidden all money and now the only way to get anything from him is to do garnishment of his pension. Previous judge ordered some pension garnishment (very small because at that time my ex was not present because he was in hiding) and this small amount should be garnished from the next month. But in that rate he would have to pay for 40 years. Present judge ordered him to pay weekly bigger amount by the check but he is again not paying anything. I have asked this judge to do his payment in the form of pension garnishment but he told me that he cannot garnish his pension. My ex is extremely manipulative and he has been in contempt of the court from very beginning. I am at the end of my options. I gave him all my money for my retirement which I was suppose to get back in the form of settlement but he is successfully avoiding any payments. As I see it, the only option is pension garnishment (he has pension + SS income around $2,500) but judge thinks that he cannot do it. Why one judge could order it and another one cannot? I know that court can order pension garnishment for child support and/or alimony.

Aaron

Hi odpovedi,

Pension is subject to alimony. However, whether or not an alimony can be issued depends on various factors. It depends on the years of marriage, the age of the spouses, if the one going to get the alimony, is living with or married to somebody else with good income, etc.

For better help you can contact a family lawyer. He/she may be able to help you.

Wed, 02/24/2010 - 07:08 Permalink
Aaron

Hi Colin,

Pension cannot be garnished under the Federal Law. However, it depends on the laws of the state you live in. So, you can check the laws of your state.

Generally speaking, if you declare in the bank that all your money comes from pension, and can prove this to the creditors or the collection agency, they may not be able to garnish your account.

Hope this helps.

Regards,

Aaron

Wed, 03/10/2010 - 09:28 Permalink
lisdondan (not verified)

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