can 401k cashout be garnished?

[crayiii]

I have two orders, one in Alaska and one in Washington. I work in Oregon.

I was employed by a Oregon employer for 2 years and had an Alaska CS order garnishing my wages. I left the employer almos a year ago and moved (still in OR) and have a new employer. That employer has wage garnishment notices from Alaska and now from Washington.

Combined I owe about $3k in arrears associated with being in between jobs and retro in the Washington case.

Last month I opted to cash out my 401k from my previous employer. With this payment be garnished? I don't believe that employer ever got notice from Washington and don't the withholding notices terminate when employment terminates?

[ocean]

I do not think they can/will take from the 401K payout. IF you had another check coming in or paid out vacation or something like that, they could take it out of that. I would think that they would need a specific court order to touch the 401K.... JMO
Good luck!

[crayiii]

I hope that's the case.  I'm not trying to dodge paying as I have made a lump sum payment last month ($1200) to try to get things down.  My car is dead and I need the 401k to get it fixed...  :-(

I did have a bonus from that employer last year garnished so I know they do take lump sum payments if I have them coming but I hope retirement is different from payroll...

[leon clugston]

not to be a bubble buster, but they can take or levy anything with youre social security number attached to it, of course if you had set up some sort of arraigment with them there should be no causes of action from them on there part, but this would not be the first, if there was.

[williaer]

Glad you busted it before I did. Let me tell you what happened to my DH. He worked for the State of Ohio. He cashed out his retirement and they didn't garnish it for CS...imagine that. Almost a year later we get cc'd on these letters from CS to the State retirement people and they made the STATE pay the full amount of the child support arrears at that time. Amazing. We got out of severl thousand dollars in back CS that way.

Those things only happen once in a great while, though. Good luck.

[crayiii]

I am currently paying CS out of my paycheck (~$1000 per month) and that includes a portion of the arrears.  I know they take tax refunds but don't they have to issue a lien or something on retirement?

[leon clugston]

an administrative garnishment, or attachment can happen without any determinations, any findings in law or without any judicial process under equal protection of the laws, this is possoble because they are outside the law(to a point) takes way to long to explain correctly in one sitting. T o rephrase administrative,- people who work in the office of CSSD are on there payrole make the findings of what to attack and take,,that is not an independant decision,, now 401 K's are a goverment created gratuity, with youre social security number attached to it,,another goverment created gratuity,, and like any gratuitys they hold no rights, or garuentees, as so held by the United States supreme court becaus they goverment created gratuitys dont fall under the fundamental rights.