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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36400
Experience:  30 years in Employment law
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I plan to sign over all my pension rights to my wife, who is

Customer Question

I plan to sign over all my pension rights to my wife, who is a Philippine Citizen and lives in the Philippines. Would IRS or FTB still tax my retirement benefits even though neither of us will be living here in the US? I'm also concerned about my federally guaranteed loans for college; can the government garnish my benefits for that reason? Furthermore, when I die and my wife survives me, can the government still take money from my wife even though the original debtor is deceased? These are very important questions I need answers for. I simply want my wife to get 100% of my retirement benefits that I was promised by my employer.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.

Here she would not pay US income taxes on pension paid to her out of country.She may owe taxes there but not here.If there are any withheld she can file to get those returned.The feds here could sue here and get judgment and try to withhold form your pension .Not sure they would do that but its possible and this is an exception to the garnishment , the feds can seek payment from such funds.

I would have her bank in the Philippines it makes it harder to collect.Thats the best you can do here.

I appreciate the chance to help you today.Thanks again.

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