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Can a former employer be forced by the courts to expedite the distribution of a pension for the purpose of a child support debt?

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.

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