Legal Question in Family Law in New York

pension awarded

I was awarded 1/2 of my ex husbands pension. And was told i had to go through a pension group to receive it and it would cost me $1000.00 to do the pension paperwork.What can i do on my own without paying this fee as i'am a single mom and he is over 14,000 behind in child support??I want to get these monies in my name before he withdraws it or borrows against it! As you cant get blood from a stone!!! Please advise asap!!!

Patti


Asked on 1/30/05, 9:54 pm

3 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: pension awarded

Go to the personnel or human resource department of your ex's employer or pension plan administrator, for help respecting what they require. Then follow their directions to the letter.

Most Employee Pension Plans have their own internal process and documents, which must be completed and submitted pursuant their internal rules and regulations, along with your Court Order and other supporting documents. Even the Court Order is often a Pension Plan Boiler Plate Document.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 2/04/05, 2:08 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: pension awarded

This does not sound correct.

You might best make an appointment with your bank. They might be of assistence. Tell them you want them to arrange a 'money transfer'.

You need to serve the court order (divorce decree) on the pension administrators. You can do that by mail with a 'return receipt' from the post office. Then call them on the telephone within 8 days of the mailing to ask when the transfer will be arranged.

An ElderLaw lawyer or Financial Planner will also have some good ideas on this matter.

But your divorce attorney should also be able to help you.

You are welcome to contact me directly by email for more questions.

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Answered on 1/31/05, 3:02 pm
John O'Donnell Attorney at Law

Re: pension awarded

Unfortunately, I cannot provide you with any guidance because I do not have enough information about the pension plan. I would also like to know who advised you that it would cost $1000 to do the paperwork.

I you would like, I can try to provide you with some guidance, pro bono, if you give me more information. You may email me at [email protected].

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Answered on 1/31/05, 9:59 am


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