In a recent appeal, Mr. Tanner challenged the Family Court order that found him in contempt and issued an attachment against his U.S. Postal Service pension.  The appeal argued that the Family Court's decision was improper because Mr. Tanner's Federal Employees Retirement System ("FERS") disability retirement benefits may not be subject to attachment pursuant to 5 U.S.C. § 8470(a).  Section 8470 provides that "[a]n amount payable under . . . [FERS] is not assignable, either in law or equity, except under the provisions of section 8465 or 8467 . . . ."  The Delaware Supreme Court rejected Mr. Tanner's argument and upheld the Family Court's decision based on the language of section 8467.  Specifically, section 8467(a)(1) permits FERS benefits to be paid to another person pursuant to "any court decree of divorce, annulment or legal separation or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation."

The Delaware Supreme Court decision in Tanner v. Allen, No. 626, 2014 (Aug. 20, 2015) may be read in its entirety here.

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