Legal question re: CS (BGG, please come in if you're here)

achase123

I may DD later, but please advise if you can:

So, I still get email alerts from SD's Fidelity 401(k) account.  I just got an alert saying that his withdrawal request is being processed a check for his entire account balance (approximately $9K) is being sent to his address of record in next 7-10 days. 

So my question is: can this be intercepted for CS back support (which SD owes over $14K).  It was my understanding that, when it was in the plan, it couldn't be touched.  Well, now he's taking the distribution so I would think and HOPE it would be fair game, although I'm not certain if that is the case or not.

 I know that SD is NOT withdrawing this amount with plans to pay off the energy bill or attempt to make a dent in his CS balance.  I am not sure what his intentions are for the money but I'm sure they can't be good.

Advice on this?  I emailed my caseworker, waiting to hear back. 

PrettyInPearls23

I have no idea -- but IMO I would think it would be fair game. I mean, he's not leaving the funds in there to build towards his retirement (from what career, anyway lol) and as far as you know, he doesn't have any intentions of paying off his old debts.

I'd be interested to hear how this pans out...please KUP!

sweetie0228

If he deposits the money in a bank account the enforcement office knows about they might be able to freeze the account/garnish the amount owed.

Definately, give your enforcement officer the heads up and a copy of the email you got.

lurkylulu2

While I agree the idiot needs to pay his child support, can we talk about the ethical issue of you receiving emails from someone else's account? When you were married, and your DH wanted you to have access, that's one thing. But it's pretty shiitty of you, IMO to continue to look at his financial information this way.

achase123

lurkylulu2:

While I agree the idiot needs to pay his child support, can we talk about the ethical issue of you receiving emails from someone else's account? When you were married, and your DH wanted you to have access, that's one thing. But it's pretty shiitty of you, IMO to continue to look at his financial information this way.

It was going to my email from when we were married and he never changed it.  All I did was check my email account this morning.  How is that unethical?

shoeboxx

:::lurker:::

I used to work for a mutual funds company, so I have some knowledge.  If he is still employed by the employer that funds his 401k account, he may NOT take a total distribution. He may take a loan (payments taken from his paycheck) or take a hardship distribution.  If he is no longer employed with the company, he may take a total distribution of his account minus 30% fed taxes and whatever applicable state taxes.  Once Fidelity processes the request, the check/wire leaves their office and goes directly to his home/bank account. 

CS can not intercept that...sorry. 

achase123

shoeboxx:

:::lurker:::

I used to work for a mutual funds company, so I have some knowledge.  If he is still employed by the employer that funds his 401k account, he may NOT take a total distribution. He may take a loan (payments taken from his paycheck) or take a hardship distribution.  If he is no longer employed with the company, he may take a total distribution of his account minus 30% fed taxes and whatever applicable state taxes.  Once Fidelity processes the request, the check/wire leaves their office and goes directly to his home/bank account. 

CS can not intercept that...sorry. 

Yah, I work for an investment firm so I realize the dist rules, was just hoping that CS could somehow intercept it. 

I would think if it was going to his bank account they could levvy the amount, but I'm almost positive it's going by way of a check.  ::sigh:: thanks for the reply!

BostonGayGal

Sorry I wasn't on quickly enough to be helpful. I think your caseworker's response is right on.

lurkylulu2

achase123:

lurkylulu2:

While I agree the idiot needs to pay his child support, can we talk about the ethical issue of you receiving emails from someone else's account? When you were married, and your DH wanted you to have access, that's one thing. But it's pretty shiitty of you, IMO to continue to look at his financial information this way.

It was going to my email from when we were married and he never changed it.  All I did was check my email account this morning.  How is that unethical?

My point is that when you saw that email, you shouldn't have opened it. It should have been deleted and I personally would have called the company and asked to be removed. If you receive someone's letter in the mail, would you open it? I would hope not...

achase123

BostonGayGal:

Sorry I wasn't on quickly enough to be helpful. I think your caseworker's response is right on.

No problem at all.  Now all we can do is wait and see! 

achase123

lurkylulu2:

achase123:

lurkylulu2:

While I agree the idiot needs to pay his child support, can we talk about the ethical issue of you receiving emails from someone else's account? When you were married, and your DH wanted you to have access, that's one thing. But it's pretty shiitty of you, IMO to continue to look at his financial information this way.

It was going to my email from when we were married and he never changed it.  All I did was check my email account this morning.  How is that unethical?

My point is that when you saw that email, you shouldn't have opened it. It should have been deleted and I personally would have called the company and asked to be removed. If you receive someone's letter in the mail, would you open it? I would hope not...

Guess it's a non-issue now since his balance is now at $0, huh?

lurkylulu2

achase123:

lurkylulu2:

achase123:

lurkylulu2:

While I agree the idiot needs to pay his child support, can we talk about the ethical issue of you receiving emails from someone else's account? When you were married, and your DH wanted you to have access, that's one thing. But it's pretty shiitty of you, IMO to continue to look at his financial information this way.

It was going to my email from when we were married and he never changed it.  All I did was check my email account this morning.  How is that unethical?

My point is that when you saw that email, you shouldn't have opened it. It should have been deleted and I personally would have called the company and asked to be removed. If you receive someone's letter in the mail, would you open it? I would hope not...

Guess it's a non-issue now since his balance is now at $0, huh?

It may be a "non-issue" with this account, but it isn't when it comes to your behavior.

Unknown

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achase123

lurkylulu2:

It may be a "non-issue" with this account, but it isn't when it comes to your behavior.

So says the Morality Police.