Legal Question in Family Law in California
My ex-husband used to work for a local government agency and was recently terminated. He now has the option of withdrawing his funds, leaving them as is, or rolling them over into a different retirement account. Can his CalPERS funds now be used to calculate child support?
Asked on 10/23/12, 1:14 pm
1 Answer from Attorneys
No, not until he is entitled to withdraw them without penalty. Unless he would qualify to withdraw them if they were in a 401k or IRA, for example, he would face penalties if he withdraws them now, and therefore, unless he actually withdraws them he cannot be forced to withdraw them, and if they are not withdrawn they are not income.
Answered on 10/23/12, 1:57 pm
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