Legal Question in Credit and Debt Law in New York
legal separation
I am a seventy seven year old woman who has been legally separated for seven years. The separation agrrement states that my ex-husband is required to give me $266.00 per month from his pension check. He has not paid me for the last two months. I am on a fixed income from social security in the amount of $441.00 Do I have any recourse? Can his pension or social security checks be garnished? Please advise & Thank You. The email address below is my sons.
1 Answer from Attorneys
Re: legal separation
Pension and social security check cannot be garnished.
Normally, a person that has a divorce has a Domestic Relations Order signed by the Court directing the pension administrator to divide the checks based on a formula. In your case, you are only separated and not divorced.
If the $266 per month is qualified as maintenance payments, you may be able to enforce the agreement in Family Court since that court has jurisdiction over maintenance issues.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
