Legal Question in Family Law in California
I got divorced in 1989. The divorce decree stated an amount of 5000 dollars was to be paid to my wife upon my future retirement. I retired 18 months ago and instead of allowing me to pay the sum directly to her, she filed for the amount to be garnished from my retirement pension. That was last November when the garnishment began and is still happening to the tune of $22,500. How is this this not an error or fraudulent filing? I was told that along with the original "agreed sum" of 5000, an amount of interest starting in 1989 until present was also applied to the total sum to be garnished. Please tell me this is not legally allowed to occur?
2 Answers from Attorneys
It is entirely impossible to address your situation without reviewing the actual decree, garnishment and any other paperwork related to the issue. You will need to bring it to a family law attorney for review.
I agree with Mr. McCormick. It appears that you are referring to a QDRO - A qualified Domestic Relations Order - issued to your pension holder. You need to get copies of critical documents, such as the plan and the court order and have the matter reviewed by a competent family lawyer who has handled such matters.
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