Legal Question in Family Law in California

Help with arrears & method of payment!

My ex-husband owes $25K in arrears and has a 401K with over $22K in there. He asked me if I would drop the rest if he was able to give me the $22K. I said yes, but here is the problem. He is no longer with the company and says that he can not touch it. (I am not quite sure why he did not roll it over, but nevertheless) He wants to give it to me & says he thinks if he notifies the D.A. they can go after that money & get it. I was just wondering if this is true? It doesn't seem like the county would be able to get it if he can't. Hope you can help.


Asked on 4/24/05, 7:48 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Help with arrears & method of payment!

His retirement should be exempt from attachment until he either remeoves it from the account or is entitled to receive it. However, to transfer it to you with out severe tax consequences, if that is possible, will require the services of an attorney.

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Answered on 4/27/05, 12:41 am


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