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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2853
Experience:  30 years of experience
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My name is ***** *****. My wife and I divorced after her

Customer Question

Customer: Hi. My name is ***** *****. My wife and I divorced after her conviction to try retain what little property we had, unfortunately it didn't help. Thus, we are not legally married in the U.S., however we did get remarried in Costa Rica in 2014. We lived there for about three years until a major car accident forced us to come back to the states to get her facial reconstruction done. I don't know if the U.S. will recognize the marriage. The reason I'm investigating this is because she has been receiving statements about her company funded "benefit" retirement account for the last several years. She didn't think they would actually pay anything so didn't respond. I called the manager of the fund and she is fully entitled to the money. She can take a lump sum one time payout, pay 20% off the top and be done with it, or get a monthly annuity. We need the money badly to pay for her medical issues, but fear the government will try and take it away from her. Can we deposit it to her account or would having the money deposited in my account avoid them coming after it? Thank you. I have to leave to get to the hospital in about 10 minutes for a meeting with her doctors. She has been admitted again for mental problems.
JA: Thanks. Can you give me any more details about your issue?
Customer: I don't know what you mean. I've pretty well outlined everything. Do you need the amount of money involved for the restitution and the amount she has coming or what. I should say, this money is a "benefit" the company set up after a bankruptcy in the 80's instead of paying the wages the employees should have gotten. She worked there nearly 20 years.
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Customer: I can wait a bit. I don't expect to be back from the hospital for a couple hours, so if you can get back in that time frame and I can reconnect with you at that time, it will be fine. I have to leave now so I will look for your reply when I get home. Thank you. ***** *****
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Submitted: 10 months ago.
Category: Legal
Expert:  Gerald, Esq replied 10 months ago.

Hello:

Thank you for the additional question. I appreciate your support.

There is the potential that the government may seek the money once it is disbursed, and transferring it to you will not help a whole lot because they will consider it a "Fraudulent Transference." However often times "Retirement Funds" are exempt from seizure. This may be why the funds were not previously seized. Historically, that has been the case. However, the Ninth Circuit (California) has determined that Pension funds can be seized for Restitution.

If you are outside the 9th Circuit you should be OKAY, but you should consult local cousnel. Most attorneys will meet with you to make an initial assessment at little or no cost. Seek out a Pension attorney.

I hope this additional information is helpful to you.

Kind regards,

Gerald

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Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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