What can I do if my ex-husband owes $35,000 in child support?

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What can I do if my ex-husband owes $35,000 in child support?

He works under the table and has no property in his name. He has no real income to garnish but I think he has a pension from when he was in a union. Can I get my back child support from his pension? I don’t know the name or account number and there is no way he’ll tell me.

Asked on October 27, 2012 under Family Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, private pensions are not subject to garnishment except by the Federal Government for back taxes.  However, I would consult with your attorney about the ability for you to obtain a QDRO (Qualified Domestic Relation Order) for the back support.  You will have to sue him for the arrears and then get a judgement and then request the attachment of his pension.  Good luck.


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