Legal Question in Family Law in Alabama

child support and 401k entitlement

I was divorced a year ago. I was entitled to hlaf of my ex's 401k and 600 a month child support. For the past year he has shorted me 100 a month canI get that back pay or not and how do I get him to pay the full amount Also I am in a situation where I need to use my half of the 401k, if I pay the penalty and taxes on it, can I get it and how would that be done. I know if I dont do this I wont see it aways.


Asked on 2/19/07, 2:44 pm

1 Answer from Attorneys

Mari Morrison Mari Morrison

Re: child support and 401k entitlement

You can file a contempt of court petition to get the back child support. As far as the 401(k), you should have received an order that you can take to the plan administrator and request to withdraw, with penalty and taxes, your share.

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Answered on 2/19/07, 4:31 pm


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