Response from CS caseworker

achase123

His response: 

I reviewed this situation with our Attorney. 401ks are an area that the department has very few options when considering case enforcement.

Statute does not allow the department to require any party to liquidate an asset where any penalty would result; therefore we may not levy, or issue a writ against a 401k.  We can however issue a bank levy or writ once funds are deposited into a bank account. Timing would be an issue for actual successful bank levy. I will wait a week and issue a bank levy for the balance due on your support case.  As you indicated below, if he does not deposit the funds in his account, we may not have other options but to continue with the standard enforcement measures.

 

So I am hoping that SD will be forced to deposit the check, and a hold will be placed on it, at which time it may be collected via levy.  We'll see what happens.