Paying child support Arrears with a Pension Plan

by by stander in

My friend is incapacitated due to a stroke. (Can't walk, talk, and his thinking/mental facilities just aren't there anymore.)

Bottom line - his child support won't stop because he can't close the case because he owes $12,500 in arrears, and it just keeps on growing. (It was $9000 2 years ago). His son is now 20.

He wants to use his 30k pension plan from a job 17 years ago that will payout as a life annuity when he "retires" at 66 yo. He is on SSDI, and that's his only income and wants to be free of this debt.

So to pay the whole deal off and close the account, can he place a QDRO on himself or file with the court a QDRO that can go to the Child Support System?

He can't rollover the money or access it himself in anyway per the plan summary. A QDRO is all we can think of that will let him get access to the funds to pay the arrears.

Of course the System will/does/can have a lien on the pension but that won't do any good for 11 years, and he really would rather not wait. Filing for early retirement would end his SSDI and he can't afford the tax on the early retirement the federal government would impose.

Before they garnish his SSDI and leave this wheelchair-bound mentally disabled mute homeless - how does he get them to take what they are going to take anyway - just taking it sooner?

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