Legal Question in Family Law in Washington
Garnishment
I was married for 15 years. During that time, I earned a pension, that after the divorce I cashed out, and gave her half. Now, almost 7 years later, I am being served with a Garnishment for over half the amout of the original pension. This is the first I am hearing about this. I have not had any time to talk with an attorney or even know what this is based on. Thank you for your time.
1 Answer from Attorneys
Re: Garnishment
If someone is attaching your bank account, the sooner you straighten this out the better, and you may need counsel to do it.
Your divorce decree will spell out what happens to your pension benefits - sounds as though you used them as a property settlement.
Because you did it this way, there is likely no QDRO - Qualified Domestic Relations Order - splitting future benefits, because there were not any.
But a garnishment should not be your first notice that there is a problem.
If you had an attorney for your divorce, contact that person now.
Your divorce decree likely also has a "hold harmless" clause which may entitle you to have her pay your attorney fees incurred straightening this out.
Hope this helps. Powell
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