Legal Question in Family Law in Missouri

Can an attorney force you to withdraw money from your 401K to pay fees for the "attorney" for the children?


Asked on 7/30/11, 4:51 pm

1 Answer from Attorneys

Joe Hensley Hensley & Nicholas

Yes, you can be forced to do this, though it is the Court's Judgment that gives the attorney the authority to collect. In other words, if there is a Judgment for you to pay fees to the Guardian ad Litem, then he or she can collect it any way they want, i.e. through a garnishment, levying on your personal property, etc. If you have funds in a 401K to pay, then a Judge would probably make you liquidate all or a portion of it to pay for the GAL's fees. That is generally true for any Judgment against you. The only difference is that GAL fees are not dischargeable in bankruptcy, while other Judgments might be.

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Answered on 7/31/11, 7:26 am


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