recently laid off and I am going to recieve my cash retirement fund. Is my exwife entitled to any of this money, although I am behind on child support for child who is no longer a minor .I am currently paying accured interest and back child support. My daughter is dependent of her mother and I have agreed to continue Insurance coverage as long as I am employed due to my daughters disabilities and because the ex spouse will not apply for her disability benefits that she would surely qualify. In closing reading thru my divorce decree it does not state that we had or have any ageement for the ex spouse to get these monies.the decree in question was thru the state of California, for which exspouse and daughter reside and I reside in the state of Texas.
1 Answer from Attorneys
If you have ever been adjudicated (that is, there is a court order) as having a child support arrearage, it is POSSIBLE that the money that's coming to you will be intercepted by the Attorney General. But that would be for the back child support.
As to whether or not your ex-wife is entitled to any of the money for PROPERTY DIVISION, that depends entirely on what your divorce decree says. It sounds to me like you don't have to share this money with her; however, you'd really need a California lawyer to answer this question definitively.