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Can the child support office take your 401k retirement, and under what statue can it be prevented ?

Rialto, CA |

can the child support office take your 401k retirement, and under what statue can it be prevented ?

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Attorney answers 2

Posted

That depends on what you mean. If it is being paid out as retirement, then it is considered income and income may be assigned to pay support. However, you have not given enough information to get a good answer to your question. Perhaps you should consult with an attorney.

Best of luck to you.

Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com or call 909-891-0906 to set up a consultation.

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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

Posted

The Child Support Office can get a Child Support QDRO [Qualified Domestic Relations Order] issued by the Court to collect funds from your 401K, if you are in arrears in Child Support payments. That is one of the various methods that exist to collect arrearages, which include suspension of any license(s) that you have (driver's license, or a license for a certain profession or trade), and intercepting any income tax refunds that you might be entitled to, among others. I know of no statutes or methods to prevent such enforcement, other than paying the arrearages and/or entering into a stipulation and order with the Court to pay the arrearages, containing consequences for missing any payment(s). If you are in arrears in payment of your Child Support obligation, you would be well advised to consult with, if not retain, an experienced Family Law Attorney to assist you in resolving your problems.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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