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).
No, child support cannot attach or garnish a 401K plan. They can only garnish wages earned and not employee benefits.
yes IRS will garnish 401k because they see it as a income.
No.
Can I get some of my husbands 401 k
Yes if you filed a join tax return Or you have a join bank account. IRS will garnish 401k because they see it as a income.
No, child support cannot attach or garnish a 401K plan. They can only garnish wages earned and not employee benefits.
Yes, once it becomes part of a bank account or similar asset.
yes IRS will garnish 401k because they see it as a income.
It is possible for the state to garnish your 401k to satisfy back child support payments, but it depends on the laws of the specific state. In some states, retirement accounts like 401k may be exempt from collection for child support arrears, while in others they can be seized. It is advisable to consult with a legal professional or a family law attorney in your state to understand the specific regulations and protections that may apply.
No.
yup
Can I get some of my husbands 401 k
Yes if you filed a join tax return Or you have a join bank account. IRS will garnish 401k because they see it as a income.
As an asset, it can be attached, even in cases of retroactive support for a child the man never knew existed.
401k's can be seized for child support. For college payments or attorney's fees, not likely.
Contact your State's child support agency. Be polite but persistent. Good luck!
If the court ordered support is in arrearage, all assets of the obligated parent are subject to seizure.