Legal Question in Family Law in California

child support arrears 401K

My ex husband is $30,000.00 behind in child support payments, and paying a measly $500 per mo. regular c.s. plus $150 per mo. to go towards the arrears. When we were divorced, 12 yrs ago, he had no job, so we had no QDRO. Recently I found out he has a 401K with his present employer that's worth about $6,000 at this point. He wanted to settle the arrears. His offer was, he'd give me $5,000.00 from his 401K, in one lump sum, right now, if I would forgive the rest of the arrears. I said no. At the rate he's paying now, though, I'll never see all the $ he owes me and he knows it. Couldn't I begin collecting the entire amount of what is owed to me from his 401K now? I could get $6,000.00 initially, and then collect the rest as it comes in. The $30,000 is already a judgement, but I don't know how to execute it. Will I have to go back and get the divorce decree changed, then set up a QDRO? Can that even be done 12 years after the divorce is settled? My daughter is 13 and needs the support NOW. I work very hard at my job, but there are times when business is slow, and I struggle every single month to pay the bills. My daughter deserves better. please help. Thank you!


Asked on 10/19/08, 7:53 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: child support arrears 401K

You may contact the local child support agency to help you with the arrears. They may be able to negotiate an amount which would be satisfactory to you.

Please contact a qualified attorney before you take any action.

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 10/20/08, 3:14 am


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