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    yellow_umbrella's Avatar
    yellow_umbrella Posts: 3, Reputation: 1
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    #1

    Aug 27, 2013, 03:17 PM
    Child support and 401k withdrawal
    I live in NY. My spouse and I are separated and there has been a court order issued for child support. Six months after court ordered child support, he voluntarily quit his job and liquidated his 401k which was over $10k. Is this money that is considered income that can be calculated in child support? Also, he is now working "under the table" claiming to make less money and wants to apply for a modification. Can he do that?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Aug 27, 2013, 03:30 PM
    Sure he can do that... women do it all the time to try to inflate their support payments.

    He still owes what was ordered before any modification. And whatever is ordered after any modification.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 27, 2013, 03:35 PM
    You can have his former employer's records subpoenaed to show he received the $10K. That should be figured into his support obligation. But if he can hide his income, he can get a modification.
    yellow_umbrella's Avatar
    yellow_umbrella Posts: 3, Reputation: 1
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    #4

    Aug 27, 2013, 03:47 PM
    I'm not other woman. I am not trying to be cruel, only fair. I have the boys 7 days a week and work 2 jobs to make ends meet.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #5

    Aug 27, 2013, 03:50 PM
    Eventually he's going to realize how much work it is to stay off the radar and books... and he's going to still have a lot less to live on... so he's really hurting himself even more... he just doesn't see it yet.
    yellow_umbrella's Avatar
    yellow_umbrella Posts: 3, Reputation: 1
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    #6

    Aug 27, 2013, 04:02 PM
    Quote Originally Posted by smoothy View Post
    Eventually he's going to realize how much work it is to stay off the radar and books....and he's going to still have a lot less to live on....so he's really hurting himself even more...he just doesn't see it yet.
    I agree. I'm just trying not to sink in the meantime.
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