Alimony versus retirement
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Alimony versus retirement
Currently have a garnishment with Chevron,
California for alimony on my ex. My alimony is
till death or remarriage and now he says he
doesnt have to pay me because he is retiring.
Will the garnishment continue since its the
same company.
Asked on May 12, 2018 under Family Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You need to consult directly with an attorney in your area; they can best advise as to specific state law regarding other avenues of getting the money owed to you. For example, you may be able to get lien on one or more of your ex-husband's other assets. However, so far as the garnishment is concernd, it is constitutes the right to seize wages. And once your ex retires he will no longer have wages.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Garnishment is of his wages. If he retires and no longer receives a wage, you can't garnish it: remember, your divorce was with him, not with his employer, and he, not the employer, owes you money. The employer may help you collect it by garnishing his wages, but it's still his money, not theirs, they are sending to you. Once he retires, he may still you the alimony, but you can't garnish non-existent wages; you will have to explore other options to collect money from him (e.g. putting a lien on real estate he ownes for unpaid alimony).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.