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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have a pension from which monthly support payments are taken

Customer Question

I have a pension from which monthly support payments are taken out. I was never informed verbally or in writing that I could not use money in that pension to support myself for living expenses, etc. In Delaware County PA is this the law or do they have to provide you something in writing or freeze your pension?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I am a licensed Pennsylvania professional and will be happy to assist you.
To answer directly, if a judgment exists, they can simply go ahead and freeze your account. As far as restrictions on the pension funds, such restrictions had to have been communicated by the plan administrator of the pension--for example if you receive a police union pension, the police union plan administrator would have had to inform you and show you of the limitations of use, but it won't be something to which the state is really responsible unless it is the state that is providing you the pension itself.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
so if not judgement exists I am okay if I withdrew money?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
That is correct, any money that you receive as your pension is YOURS..you can do with it as you see fit. But a monthly support payment, if it is for past arrears, is a judgment, and you would need to maintain enough money in your account to cover those payments.
Sincerely,
Dimitry, Esq.