Is it standard process to confiscate 12k from an IRA to fund arrears in a case that is currently pending regarding the arrears?

[Nick]

I’ve had been granted divorce in 2019 where per judgement, we are to split the IRA 50/50 as well as all assets. She (during the divorce process) sells all assets leading to 60k ordered to be returned to me. Yet she does not report this information to child support upon seeking help. She as well was (while married) involved in a class action that she didn’t report, which was recently found.

 

So arrears have been accumulated, while I’m in and out of the hospital and therapy for an accident I was in back in 2023. The child support agency put a freeze on my possible winnings, took my license, claimed to release it if a payment was made, and closing by depletion of 12k from my IRA.

 

No QDRO used, no judgement orders, just an order to withhold letter directly from the agency. No levy only the request to withhold. This was not made known at last hearing, caught us by surprise, and the bank doesn’t have any answer to how they deviated from my best interest to forfeit my money. They say CSS is identical to state, but if that’s true, we’re all screwed. What can I do now that they’ve taken all I have and violated the divorce decree?

[Nick]

One forum said it this way, “You're dealing with a complex situation involving divorce decree violations, child support arrears, and unauthorized access to your IRA without a QDRO.”

[Bill Presson]

1. You need an atty not us. 
2. I’m not an expert but I’m pretty sure a QDRO isn’t required to be used to split an IRA.