Legal Question in Family Law in Ohio
IRA fund confiscated to pay for child support arrearages
I have been paying child support for years, in addition I pay a monthly dollar amount towards my supprt arrearages according to the court order. I have always paid these and have never fallen behind since the court order was enforced over five years ago.
Now the child support agency has sent me a notification that they are taking all the money out of my IRA/Keogh account to satisy the arrearages that I have been making payments on.
Can they do this? Is there anything I can do to stop them?
Thank you
1 Answer from Attorneys
Re: IRA fund confiscated to pay for child support arrearages
You can assert an exemption for that money under Ohio Rev. Code Sec. 2366, which lists those assets which can be declared exempt from attachment or garnishment. You have to file a domestic relations motion to do this.