If my ex-husband defaulted on his divorce settlement from day one, can I have his retirement benifits from social security lien or granished?

I was married to this man for 25 years. I have kept all my legal obligations to him and he has not kept one to me. He has made no attempt to pay me and has told me I am not entitled to anything. I have a promissory note signed from him to me and is filed through the court system. He is working a full-time job and is collecting full retirement benefits. Can they be garnished or lien on? Do I have any rights to this income?

Asked on May 29, 2012 under Family Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is a marital settlement agreement with a judgment as to it filed in the court system where he has not honored its terms for payment, you have the following options:

1. file and order to show cuase regarding contempt of a court order for payment seeking payment.

2. levy on his bank accounts.

3. garnish his wages.

I suggest that you consult with an attorney who practices in the area of family law and debt collection to assist you in getting what you are entitled to.

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