Q: New York is taking out a percentage of my retirement to my x spouse. They take it out every month however my x spouse doesn’t do anything with. It is just staying in the ny account. Since she doesn’t touch it. Would I by chance get it back if she does nothing with it ?
A: No, not necessarily. If she doesn’t want the money, I’d suggest to file a petition to terminate child support and/or adjust arrears – and then get her consent for the return of the money to you. Schedule a consult with a White Plains Divorce Attorney for more info.