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Can I get arrears paid from my ex husband’s pension or annuity? He is in a union in NYC and is typically delinquent with CS also

Q: I have been divorced since 2012 and have legal and physical custody of my 16 year twins. It was a very messy court battle with no assets to split but a spouse who is a narcissist (confirmed by 2 therapists) and insisted on taking our case to trial and represented himself. He was a contractor and hid his monies. The judge ruled that I receive more child support than either of us expected and I got legal and physical custody. My ex did not pay child support for almost a year and I took him back to court. He was put in jail for 30 days. After jail, he took me to court to get custody of kids saying I refused to bring them to jail to visit him. He did not gain custody. I then asked the courts to allow me to move near my family 4 hours away to try and rebuild financially as he completely trashed my credit by letting house and car payments go. I was allowed to do so and agreed to less child support. I ultimately decided not to move and have been raising 2 kids in Westchester with the lower child support of which he is still deliquent with. Currently he works in NYC and belongs to a Union. He has an annu and pension. He owes $35K in arrears. He pays me approx. $50 per month toward arrears.

A: David’s Answer: Unless the annuity or pension is in pay-out status (doesn’t sound like it), then they are assets which cannot be garnished. Your better bet is to garnish his actual income – you may also wish to consider an upward modification petition. Schedule a consult with a White Plains Child Support attorney for a full assessment.

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