Santa Monica, CA asked in Divorce, Family Law and Collections for California

Q: Can ex spouse IRA be garnished to satisfy a Court Order debt in California.? Please suggest court cases.

Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in the divorce. CA Court Order stated that Ex pay plaintiff the dollar amount plus interest and legal fees. Ex has made no payment or payment plan, claiming annuities and IRAs are exempt. Note that EX funded IRA 5 years after he'd been taking spouse's share of monthly annuity.

It's more than a year since Order, can social security and retirement accounts be used to pay the debt which is reimbursement for stolen retirement accounts?

Please suggest CA court cases that deal with this issue.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: Given the complexity of these issues and the potential for significant financial consequences, consulting with a legal professional who can provide advice tailored to your specific situation is advisable. They can help navigate the legal landscape, including analyzing relevant case law and statutes to determine the best course of action for enforcing the court order.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.