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Getting Child Support and Tier 2 Benefits for a Divorced Wife
(Posted January 25, 2004)
Question 368: If a former railroad worker is on permanent disability at age 58, can child support for his 2 minor children be drawn from his Railroad Retirement payments? Also, would his divorced spouse, age 44, receive any of the Tier 2 benefits awarded by the divorce court if the former worker now receives a disability annuity?
Answer: Railroad Retirement permits garnishment of a percentage of a retired or disabled worker's benefits to pay for child support. The former wife would need to talk to an attorney about starting the legal process needed to get a court order so the RRB legally can deduct those payments from the former husband's monthly disability payments.
If the former wife was awarded a portion of the worker's Tier 2 benefit under the terms of the divorce decree, she would be entitled to start receiving payments now, and should contact the RRB to get the payments started.
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