Hi, my ex-husband is supposed to give money to help raise our child, but he hasn’t been paying. He lost his job a year ago and now owes $10,000 in child support, plus more for missed payments. The agency that’s supposed to make sure he pays hasn’t done much about it. I’ve been getting by on my own, but now I’m having trouble with my car and my rent is going up soon.
I know he doesn’t have a job right now, but he does have money in a retirement account called a 401k. Can they take some of that money to help pay what he owes? I don’t want to take all of it, but it would really help me out during this tough time.
on my own opinion The court may have the authority to garnish these benefits to cover child support or alimony obligations. The Social Security Administration administers three types of benefits.
I’m sorry to hear about the difficulties you’re facing. When it comes to child support arrears, it is possible for the court to order funds to be withdrawn from a non-custodial parent’s 401(k) to settle the debt. Retirement accounts like 401(k)s are generally protected from most creditors, but they can be accessed for the payment of child support or alimony that are in arrears.
Yes, child support can be taken from retirement savings, depending on the specific laws and regulations in your area. Generally, retirement accounts can be garnished for unpaid child support.