Asset Prottection Against Divorce Judgments
On occasion I receive calls from people requesting asset protection advice so they can escape legal responsibility to pay their former spouse money owed them as a result of their divorce. Asset protection planning mostly protects against judgments in civil litigation other than family matters. Whether asset protection planning protects against family law liability depends on the nature of the family law obligation; some family law judgements are treated the same as civil money awards and other family law obligations may be enforced with stronger measures including contempt and imprisonment. Asset protection planning, for the most part and with few exceptions, cannot protect you from being held in contempt of court.
The general rule is that family law judgments awarding a property settlement and equitable distribution of marital property is enforceable as a general civil judgments and the recipient has available the same execution tools as any other civil creditor. Asset protection tools can thwart the collection of equitable distribution awards. Family law judgments awarding money for alimony and support of the ex-spouse or children are given higher priority under our law. A former spouse may be held in contempt of court for not paying alimony or support provided he or she has the assets to pay the judgment. Assets exempt from execution of civil judgments and equitable distribution collection are not exempt nor excluded when the court evaluates the defendant’s ability to pay.
Asset protection planning is not designed to help you avoid paying alimony and support judgements.
My divorce says - the marital home was sold and the proceeds divided equally. There are no other assets to divide.
Later in the section about child support it says she is entitled to a portion of my pension earned during the marriage. The court has calculated the amount to be $250 per month. 2 years later she files a motion saying I never have paid the $250. In court I argue that I do not pay the pension, it is an entitlement, she needs to apply to the pension plan for her money, it will be taxable income to her. Now the court has ordered me to pay her $250 every month until a QDRO is entered and has entered an $11,500 judgment representing unpaid pension plan payments. My pension is with the Florida Retirement System. From what I can tell my pension is exempted from judgments by statute. Once it is disbursed taxable to me a judge cannot order me to fork it over to her. That is the whole point of a QDRO. I was pro se, thinking this was a simple matter. HELP
I am in the special risk classification and been earning special compensation which is higher than regular retirement , because of the duties I perform on the job at was the legislative intent. Can I reduce the amount to the regular retirement level (3% vs 1.6 %) when calculating a divorce settlement.