Q: My childs father is in arrears for child support. Although he was terminated from his job he’s still vested and eligible for a pension check. Does the court have the power to force his former employer to start generating a pension check without his permission for the purpose of satisfying a child support debt? Or is there anything I can do on my own to retrieve money from his pension by the way of his job?
A: David’s Answer: No – if you were never married to the father (& as part of a divorce were granted a share of his pension), and the pension isn’t already in pay-out status, then you can’t level a garnishment on it. Only when it is paid out can you possibly enter a garnishment on the account. Schedule a consult with a Bronx Child Support attorney for a full assessment.