Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

To answer your question directly, the answer is 'no', those assets are NOT safe from collections. Certain assets are safe from spousal support, such as social security benefits and payments, but social security is NOT safe from child support (retired individuals can still be forced to pay). Similarly, assets such as IRAs and 401Ks are not safe and can be pursued. Annuities can be pursued if they are not yet annuitized but are still in the growth stage, although even if annuitized, the annuity payments may be able to be intercepted so as to pay down the debts owed.

One strong suggestion is if you are currently still on top of your payments is for you to consider filing directly for a possible modification of child support based on change in circumstance (and request lower payments), and possibly consider re-opening the divorce decree so as to modify the spousal support based on hardship as well. Getting a support modification is likely going to be easier and more possible than the change in spousal support.

Good luck.

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