Legal Question in Family Law in New York
Attatching a child support judgment to a 401K retirement plan
My wife and I have a judgement against her ex-husband for
child support arrears. Her ex-husband refuses to pay the judgement. Can we go after his 401K plan to satisfy this judgement? I have heard that there is a case called the Mackie (not sure of the spelling) decision which allows a person to invade 401K plans specifically to satisfy child support payment arrears.
Any information you could provide would be helpful.
1 Answer from Attorneys
Re: Attatching a child support judgment to a 401K retirement plan
Qualifed deferred compensation plans are protected my many provisions of Federal and Tax law, thus making an invasion for child support very difficult. You can, however, "sequester" those assets - i.e have them held for certain purposes. I do not know of the Mackie case.
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