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Benefits and refunds payable by pension or retirement funds are exempt and not subject to deduction orders. 735 ILCS 5/12-804. See also the exemptions listed in the section below for non-wage garnishments.

735 ILCS 5/12-1006 exempts a debtor's interest in pensions, annuities, benefits, distributions, refunds of contributions or other payments under certain retirement plans. Compare to 735 ILCS 5/12-704 which exempts from garnishment benefits and refunds payable by pension or retirement funds and any assets of employees held by such funds. Cf. MacKey v. Lanier Collections Agency, 486 U.S. 825 (1988).

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Q: Can child support garnish 401k in Illinois?
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Related questions

Can child support attach a 401 k plan?

No, child support cannot attach or garnish a 401K plan. They can only garnish wages earned and not employee benefits.


Can Illinois take your 401k loan for back child support?

Yes, once it becomes part of a bank account or similar asset.


Can the IRS garnish 401k?

yes IRS will garnish 401k because they see it as a income.


If you owe back child support payments will the state take your 401k when you cash-out?

It is possible for the state to garnish your 401k to satisfy back child support payments, but it depends on the laws of the specific state. In some states, retirement accounts like 401k may be exempt from collection for child support arrears, while in others they can be seized. It is advisable to consult with a legal professional or a family law attorney in your state to understand the specific regulations and protections that may apply.


Can creditors garnish your 401k?

No.


Can you get back child support from a open 401k plan?

yup


Who can garnish my 401k?

Can I get some of my husbands 401 k


Can IRS garnish my 401k if my husband owes the IRS money?

Yes if you filed a join tax return Or you have a join bank account. IRS will garnish 401k because they see it as a income.


Can you collect unpaid child support from a 401K plan?

As an asset, it can be attached, even in cases of retroactive support for a child the man never knew existed.


In Maryland can 401Ks be garnished for child support or college payments or attorney's fees?

401k's can be seized for child support. For college payments or attorney's fees, not likely.


How do you go about getting back child support on a open 401k plan when the person has not retired?

Contact your State's child support agency. Be polite but persistent. Good luck!


Can Texas child support take your 401k earnings when you cash out?

If the court ordered support is in arrearage, all assets of the obligated parent are subject to seizure.