Legal Question in Family Law in Maryland

In my divorce, I was awarded half of my ex-husband's pension. He may go to jail soon. If he does, will I be able to receive pension payments i lieu of the child support that will be cut off or do I have to wait until retirement age? He works in the Federal Government in Washington, DC.


Asked on 5/16/14, 8:25 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You will not be entitled to your share of your ex's pension benefits until he becomes eligible to receive them. I hope that following the divorce you or your lawyer made sure that a Qualified Domestic Relations Order was properly prepared and signed by the divorce judge, then filed with the pension plan administrator for future action. This is what actually triggers the distribution of the pension benefits to the respective spouses. If you didn't do this you should follow up right away.

Your ex's child support obligation will continue even if he loses his job by virtue of incarceration. If he has attachable assets, like a bank account or other financial accounts, you could go back to court and get a judgment for any arrearage (unpaid child support), then file for an account attachment to collect.

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Answered on 5/19/14, 7:30 am


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