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Discharging Future Payments to Ex/Retirement

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    Discharging Future Payments to Ex/Retirement

    I have a governmental pension that is only payable to me. The pension does not accept QDRO's. My ex was furious with this fact, but it is the rules of the pension. As a result, she asked for an amount of money to be payable at the time of my retirement which is years away. Basically I would just be sending her payments for several years until that amount was satisfied. I've been told since this is actually just a debt and technically out of my pocket not my pension and that it could be included in my Chapter 13 as unsecured debt. Has anyone else done this?

    #2
    In a Chapter 13 (and only in a 13), property settlements are dischargeable however, the bk court has the right (if asked) to determine if the payment is "in the nature of support". If the answer is "yes" then it will not be discharged.

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