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Asked 8/27/2009

Child support and 401k

Im making an early withdrawl on my 401 k plan can govt take child support aareages out of check im gonna receive

 
 
 
 
 
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Answer 1/1 - Submitted 8/28/2009

The only way they can get any funds out of your 401(k) is if there is a court ordered QDRO when you file the distribution paperwork.
The court would have to send the QDRO to the administrator of your 401(k) and then they could remove the funds you owe from the account.
SO, unless this has happened, (not likely, as you would most likely be aware)
No they will not take what you owe. These plans CANNOT be paid to anyone but the plan participant without a Qualified Domestic Relations Order being issued and approved by the plan's attorney.

 
 
 
 
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