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Increasing my contribution in 403(b)

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jamal67

Member
Thank you for the valuable information. I have a subsequent question: I was contributing around 10% into my 403(b) two years prior to that lawsuit was filed all the way several months after the judgment was announced in that lawsuit (which made me judgment debtor). After that, I reduced my contribution into that 403(b) to 6%, as I needed more money to run my family. Now, if I increase my contribution to the 403(b) to the same (old level of) 10% , will it be treated as fraudulent transfer?
 


LdiJ

Senior Member
Thank you for the valuable information. I have a subsequent question: I was contributing around 10% into my 403(b) two years prior to that lawsuit was filed all the way several months after the judgment was announced in that lawsuit (which made me judgment debtor). After that, I reduced my contribution into that 403(b) to 6%, as I needed more money to run my family. Now, if I increase my contribution to the 403(b) to the same (old level of) 10% , will it be treated as fraudulent transfer?
No. That is not a new question. It is the same question you previously asked.
 

jamal67

Member
My question is: in the previously asked question, I did not tell that I was contributing 10%. Also in the previously asked question I did not ask what if I increase my 403(b) contribution to the previous level (10%) therefore one can easily misunderstood that currently I am planning to increase my contribution with no way of knowing the background.
In summary: I have been contributing to my 403(b) starting from several years prior to this lawsuit. Few months after the judgment, I reduced my % of contribution. Now I want to go back to the old level of (higher) contribution. My questions are:

(i). if I increase to the old level, whether this increase will be treated as fraudulent transfer?
(ii). if I do not increase then still it will be treated as fraudulent transfer?
 
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LdiJ

Senior Member
My question is: in the previously asked question, I did not tell that I was contributing 10%. Also in the previously asked question I did not ask what if I increase my 403(b) contribution to the previous level (10%) therefore one can easily misunderstood that currently I am planning to increase my contribution with no way of knowing the background.
In summary: I have been contributing to my 403(b) starting from several years prior to this lawsuit. Few months after the judgment, I reduced my % of contribution. Now I want to go back to the old level of (higher) contribution. My questions are:

(i). if I increase to the old level, whether this increase will be treated as fraudulent transfer?
(ii). if I do not increase then still it will be treated as fraudulent transfer?
As long as you are not subject to garnishment no change of any kind will be a fraudulent transfer.
 

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