Legal Question in Family Law in Pennsylvania

Re: Pension and legal separation

If you are currently receiving support payments through the Domestic Relations Section of your county court, you may contact the Domestic Relations Section to update them as to the availability of additional income and request an attachment. You may also initiate a support modification action is you believe there has been a substantial increase in income and ability to pay. However, be aware that support may be decreased should it be proven otherwise.

The share of the pension to which you are entitled (provided the pension is of a type which may be attached) will be determined, in most cases, by the overall income of the payor, as generally no more than 50% of earning capacity may be attached, slightly more for collection of arrearages.

It is advisable to contact a legal professional in your area who would be able to counsel you as to your rights in your specific situation.

Ilene Young, Esquire/ Law Offices of Carol E. Cardonick, PC 215-444-0445

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this response may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.