Q: I was married to my wife for 5/6 years over 20 years ago. In our divorce decree since she was the custodial parent they gave her a portion on my pension. 6 months after the divorce I became the custodial parent and my kids have been living with me for approx 20 years. The judge ordered her to pay me child support in which she is in arrears. She owes me a substantial amount of money. She just won’t pay it. She now lives out of state. Is there a way I can go to court to not have her collect a portion of my retirement due to she owes me so much money. I just want this done. I don’t care if I have to drop the child support and call it a wash I just want her to not be able to get any of my pension. Thank you
A: David’s Answer: Let’s put it this way – you can certainly file a motion to enforce the child support – and then the probable settlement would be that she completely or at least partially waives her distribution of the pension. That said, because the support would be intertwined with the pension, only Supreme Court would be able to handle the issue. Call a Westchester Child Support attorney to schedule a consult for a full assessment.