Family
Aug. 3, 2020
Collecting child, spousal support using retirement assets and income
Often while the obligor is actively working it is relatively easy to collect the past due amount or the current support through an earnings withholding order for support. Once the obligor retires such an order is probably not an available option since the bulk of the obligor’s cash or cash equivalent assets may be in a 401K, IRA or other retirement account or a pension.
Ira M. Friedman
Certified Family Law Specialist and a Fellow of the American Academy of Matrimonial Lawyers
Friedman & Friedman
Email: imf@f-flaw.com
David Friedman
Partner and Certified Family Law Specialist
Friedman & Friedman
Email: david@f-f-law.com
Enforcement of child and spousal support arrears, or the current monthly support, can be difficult under certain circumstances. Often while the obligor is actively working it is relatively easy to collect the past due amount or the current support through an earnings withholding order for support. Once the obligor retires such an order is probably not an available option since the bulk of the obligor's cash or cash equivalent assets may be in a 401K, IRA or other reti...
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