Alimony versus retirement

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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 3 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 3 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).


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