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
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  • 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.

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