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Can a magistrate order a spouse to withdraw on his 401k for…

Customer Question
Can a magistrate order...

Can a magistrate order a spouse to withdraw on his 401k for arrears for child support with an amount over 12k? if so can you provide case law?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

New York, Suffolk County Family Court in Central Islip

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that's all

Submitted: 7 months ago.Category: Family Law
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Answered in 7 minutes by:
11/15/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,339
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This is all under ERISA (federal pension benefit law) and the IRS code. Under ERISA 206(d(3)(k) a QDRO can be enforced against both employees and retirees to provide income for children who are alternate payees. A QDRO can provide for payment to the custodial parent as the guardian of a dependent child. The plan may permit payment to an alternate payee before the employee is eligible to receive benefits. Under IRC 414(p) a QDRO can be enforced against state employers who consent to such orders. Also, retirement benefits in pay status can be garnished under state laws enacted under Section 466 of the Social Security Act to enforce child support orders.

So, the NY Court can issue a QDRO in order to seize or attach any retirement funds, including 401K funds.

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