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t**alma****
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4/19/2009 4:19:34 PM
A 401k is federally protected by ERISA that trumps ALL state laws in this regard. Your creditors and the courts can NOT force you to liquidate assets from your 401k nor can they force the plan to liquidate them for you. In fact, the federal government itself can't force a liquidation even to pay a tax lien. However, the lien can be placed upon the account so that should the account be distributed then the lien must be paid first. About the only reason that money can be taken from your account is via a QDRO designed to pay money to an ex-spouse or for child support. However, even then they are not forcing a liquidation of your assets but instead a transfer WITHIN the protection of the plan to another persons account...a very distinct difference.
