Can child support garnish 401k in Illinois?

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .

No

Benefits and refunds payable by pension or retirement funds are exempt and not subject to deduction orders. 735 ILCS 5/12-804. See also the exemptions listed in the section below for non-wage garnishments.

735 ILCS 5/12-1006 exempts a debtor's interest in pensions, annuities, benefits, distributions, refunds of contributions or other payments under certain retirement plans. Compare to 735 ILCS 5/12-704 which exempts from garnishment benefits and refunds payable by pension or retirement funds and any assets of employees held by such funds. Cf. MacKey v. Lanier Collections Agency, 486 U.S. 825 (1988).
94 people found this useful

Can child support garnish a corporation?

If it is proven that a person is hiding their money in a corporateaccount in order to avoid paying child support, the funds may befrozen. A court order would be necessary.

Can a 401k be garnished for back child support?

No Benefits and refunds payable by pension or retirement funds are exempt and not subject to deduction orders. 735 ILCS 5/12-804. See also the exemptions listed in the sect

Can you go after a 401k plan for child support?

Not for child support, but if arrears exist, as an asset, it is attachable. It can only be considered when if as an old fart, and retired while collecting it, he gets a young