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Is a pension subject to garnishment?

Updated: 1/7/2020
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Q: Is a pension subject to garnishment?
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Is the old age pension subject to garnishment under the law?

Yes.


Can my pension be garnished if I cannot pay my creditors?

Generally, no; but pension payments should be kept separate from other monies. Government provided benefits are protected from garnishment. Private pensions are also protected from garnishment in most states. However, if the pension payment is made to an account which has non-pension monies in the account, there are legal difficulties in differentiating between the protected monies and un-protected monies, creating a collection (but not garnishment) opportunity.


If my Alabama teacher pension that is exempt from garnishment is direct deposited can it be taken from the bank through garnishment?

Yes, I would think they could take it.


Can the IRS put a lien on a pension?

The IRS can garnish a retirement pension if you owe overdue back taxes. This type of garnishment is called a levy.


Can pensions be garnished by creditors?

Generally, no, but pension payments should be kept separate from other monies.Government provided benefits are protected from garnishment. Private pensions are also protected from garnishment in most states. However, if the pension payment is made to an account which has non-pension monies in the account, there are legal difficulties in differentiating between the protected monies and un-protected monies, creating a collection (but not garnishment) opportunity.


Can pension payments be garnished?

The majority of private pensions are exempt or partially exempt from garnishment by judgment creditors not by child support orders or tax arrearage payments. All Social Security, government and military pension benefits are totally exempt from judgment creditor garnishment.


In Arizona can a bank use a judgment for repossession costs to garnish the debtor's military retirement pension?

No, military pensions are not subject to garnishment for creditor judgments. They can be garnished for child support, tax arrearages and in some cases spousal maintenance.


I will be retiring this year. Is my pension (fully funded by the employer) subject to federal withholding?

Pension benefits are subject to federal income tax.


What has the author Dimitri Vittas written?

Dimitri Vittas has written: 'Regulatory controversies of private pension funds' -- subject(s): Pension trusts, Pensions 'Overview of contractual savings institutions' -- subject(s): Insurance, Life, Life Insurance, Pension trusts, Social security 'The simple(r) algebra of pension plans' -- subject(s): Mathematical models, Pensions 'The rationale and performance of perosnal pension plans in Chile' -- subject(s): Defined benefit pension plans, Government policy, Insurance, Pension trust guaranty, Pension trust guaranty Insurance, Pension trusts 'Sequencing social security, pension, and insurance reform' -- subject(s): Social security, Pensions, Insurance 'Insurance regulation in Jordan' -- subject(s): Insurance, State supervision 'The role of non-bank financial intermediaries' -- subject(s): Financial institutions, Pension trusts, Institutional investments, Banks and banking 'Swiss chilanpore' -- subject(s): Pensions 'Policies to promote saving for retirement' -- subject(s): Individual retirement accounts, Saving and investment, Pensions 'The Argentine pension reform and its relevance for Eastern Europe' -- subject(s): Pension trusts, Pensions


Married with children and collecting a pension and then divorce pension is attached 90 percent for support is unemployment available to pensionee due to the garnishment and low income?

Not necessarily, if you think you can not live on the remainder you should go back to the court and have the garnishment adjusted. The courts will look at your circumstances and try to be fair. Why do you think the state (other people paying tax) should support your family? It was your choice to have them and partly your responsibly that you have divorced.


Can my retirement pension be levied fro credit card debt?

No. All SS, VA, RRB and private pensions are exempt from garnishment for creditor debt in all states.


Is military retirement pay subject to garnishment for unpaid state taxes?

Yes.