A Utah mother says she’s struggling to support her children after her ex-husband stopped paying alimony and child support due to severe health issues that prevent him from working. With no income coming in from him for months, she’s now considering whether asking him to cash out part of his retirement savings is the only way to keep her household afloat.
During a call to “The Ramsey Show,” Kathleen explained that her ex-husband hasn’t paid in five months and currently has no reliable income. “My ex-husband has not been able to hold down a job due to his health,” she said.
According to Kathleen, her former spouse’s financial situation is bleak. She said the only meaningful assets he has left are a 401(k) worth roughly $250,000 and a small amount of equity in the home she kept in their divorce.
“Is it fair to ask him to cash out some of his 401(k) to pay his responsibility?” she asked. “I know there’s huge punishments, but he’s got no other assets to feed his kids.”
Kathleen also mentioned she still holds a life insurance policy on her ex-husband from their marriage. The policy is worth about $500,000 and she remains the beneficiary.
Kathleen is going to school for radiology technology in hopes of eventually earning a stable income. But for now, she says she has very limited earning potential. “I’m getting financial support from my family,” she said. “I’m going through school. I still got years to go before I can have any training that can pay anything more than fast food.”
Meanwhile, her ex-husband is dealing with severe health problems that she believes may permanently prevent him from returning to work.
“Based on his last 10 years of health, I don’t see how it’s possible,” she said. “He’s hitting early dementia.”
The man is currently trying to qualify for disability benefits, a process that can take months or even years.
Kathleen told the hosts she doesn’t necessarily want to punish him financially but feels responsible for making sure their children are taken care of.
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Hosts John Delony and George Kamel acknowledged how difficult the situation is but questioned whether tapping the retirement account would actually solve the underlying problem.
“Fair is the wrong answer, the wrong question,” Delony told her. “It’s more like what is necessary to keep the roof over our heads and keep the kids fed,” Kamel interjected.
“If he cashes it out, then he’s going to be calling them when he’s old and can’t work,” Delony said.
Still, Kathleen said she’s already relying on family members to stay afloat. Her parents are helping with her mortgage, while her sister is helping support her financially.
The hosts suggested that a more practical solution might be negotiating a legal agreement where her ex-husband gives up his share of the home’s equity instead of paying child support, though that wouldn’t provide immediate cash.
Delony also raised a difficult possibility about Kathleen’s current plan to stay in school while relying on family support. In some cases, he said, single parents simply cannot afford to continue their education right away.
“It may be that you can’t afford to do that right now,” Delony said, “and you have to go work three or four jobs.” He added that many single mothers find themselves in painful financial traps where survival in the short term takes priority over long-term career plans.
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This article A Mother Wants Her Ex To Cash Out His 401(k) To Pay Child Support, Despite The Penalties. Says He’s Hitting Early Dementia At 42 originally appeared on Benzinga.com
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