What can I do if my ex-husband owes $35,000 in child support?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my ex-husband owes $35,000 in child support?
He works under the table and has no property in his name. He has no real income to garnish but I think he has a pension from when he was in a union. Can I get my back child support from his pension? I don’t know the name or account number and there is no way he’ll tell me.
Asked on October 27, 2012 under Family Law, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally speaking, private pensions are not subject to garnishment except by the Federal Government for back taxes. However, I would consult with your attorney about the ability for you to obtain a QDRO (Qualified Domestic Relation Order) for the back support. You will have to sue him for the arrears and then get a judgement and then request the attachment of his pension. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.