Question:
1Divorced 5 yrs. 1 Child - Age 14 living with father State of Reisdence: Ohio This last week when I checked my bank records I noticed that funds had been withdrawn from my IRA account. When I contacted the bank to ask where my money is, they informed me that they had a court order for child support. Strange since child support is being deducted from my check with arreages included. Is it legal for them to make a deduction from an IRA and leave me to pay penalty and interest when I had no knowledge this was going to be done? Upon learing this information, I invoked my Right to a State Hearing. This should stop them from distributing the funds until the hearing decision is made. Is this legal?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Ohio. Generally any funds available can be seized for payment of back support. However you raise a good point about the penalties and taxes that you are forced to take on. Although I have never heard this issue raised, I think you should raise it. But you have to remember that Judges are not always sympathetic when you owe back support.
