Courtney ∙ Clark Law, P.C.Courtney ∙ Clark Law, P.C.
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Retirement funds and child support

If you are an Illinois parent who is planning to get divorced or are perhaps currently in the midst of a divorce, making sure your child or children are taken care of will no doubt be a priority for you. This certainly means paying close attention to their emotional needs during this transition but it also means ensuring their financial stability. To this end, you may be required to make child support payments.

If you are concerned about how you can afford this new expense in your life, you should know that you may have the opportunity to use your 401K funds to help you do this. The United States Department of Labor explains that with the use of a qualified domestic relations order, you may be granted the ability to have money paid directly from your retirement account to your child in order to satisfy a legal child support order.

A QDRO establishes your child as an alternate payee on your 401K account so that money can be paid to them. You will be responsible for any taxes on the money taken out but may be able to avoid the early withdrawal fees typically associated with disbursements made from retirement funds that do not meet typical retirement criteria.

If you would like to learn more about how to divide retirement accounts or use retirement funds to pay spousal or child support awards, please feel free to visit the qualified domestic relations order page of our Illinois family law website.

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Courtney ∙ Clark Law, P.C.
104 South Charles Street
Belleville, IL 62220

Toll Free: 866-921-8767
Phone: 618-207-3458
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