Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
Are FERS annuity retirement benefits subject to garnishment by the state court as a result of a civil verdict?
A:
That depends on the type of civil lawsuit. Generally, FERS benefits may not be garnished by state courts. This is explained by Title 5 of the Code of Federal Regulations, Part 838. There is an important exception to this rule though. Title 5 of the Code of Federal Regulations, Parts 581 and 582, permits state courts to order FERS garnishments in some cases concerning spousal separation, divorce, child support or child abuse.
However, your FERS annuity may be just one of several sources of income and assets you possess. Those other sources of income may be vulnerable in a wider range of civil verdicts.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.