Child Support and Retirement Pension Plans
I was granted total custody of my 2 boys at their ages 12 & 8. They are now 22 (married) and 19 (in college that I am paying for myself) my ex wife was ordered to pay $200 a month from the beginning and never paid. Now I am going to retire and I am ordered to pay her $800 a month from my pension. I have taken her back to court and spent a lot of money doing so for teh child support but she still has never paid. Do I still owe her from my pension since she is in arrearage?
Unfortunately, she is still entitled to her share of your pension. You cannot simply offset what she owes you unless you have a court order allowing you to do so. However, your pension should have been divided pursuant to a QDRO, in which case, your x-wife would receive her share directly from the pension plan itself.
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