Legal Question in Family Law in California
i was ordered by the court to pay my wife 20k from my 401k account. but i would rather setup a payment schedule to her. can i go back to court and setup payments instead
Asked on 7/11/10, 6:18 pm
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
See if your wife is agreeable to the different payment plan; the two of you can agree to something different then what the court ordered, unless it effects someone else right.
Answered on 7/11/10, 9:53 pm
You can also go ask the court, but you are likely to be denied. You needed to ask for that at the time of the original order. You also should look at the tax consequences of doing it that way. Why give her after-tax dollars, when you can transfer the funds from your 401k to any qualifying plan she opens up. Keep the tax man out of it.
Answered on 7/12/10, 1:47 pm