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BenefitsLink > Q&A Columns >

Stop, Look & Listen: Railroad Retirement Benefits Q&A

Answers are provided by Robert S. Kaufman

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.


Important notice:

Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.

The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.


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