• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can we contribute to Roth IRA using other accounts?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? Florida

I do not do any job but my husband is employed and he makes around 35K per year. His salary is directly deposited into a bank account which is exclusively on his name. We have children going school. My husband lost a civil case few years ago but could not pay any money to the winning party (creditor) and has no plans of paying any. We spend money from my husband’s individual account for our living, and he testified the same and his bank statements support this (in fact, his salary is barely enough to run our whole family. We are living in a small mobile home).



We both have a joint bank account listed as tenants by entirety on our name and we opened it several years before the above lawsuit was filed. This joint account has several thousands of dollars in it. Court determined that the creditor cannot take any money from that joint account, after identifying that my husband did not fraudulently transfer any money into that joint account. Also I have an individual bank account on my name and it has several thousands of dollars in it. The court decided that none of that money is also fraudulently transferred by my husband.



Recently, one of my friends advised me that I can contribute up to 6 thousand dollars per year into a Roth IRA account, and my husband can also do the same, and IRA is a good way of saving money for future purposes.



Can we use the money that we have in our joint account (or in my individual account) to contribute to Roth IRA account on my name (and another account on my husband’s name)? Once again, please note that, although my husband has earned income up to 40K per year, we spend that income for our living, and my husband already testified that in the court.



I red Roth IRA details at https://www.irs.gov/publications/p590a#en_US_2019_publink1000230955 but I am still unsure if we can contribute towards Roth IRA this year from our joint accounts.
 


Zigner

Senior Member, Non-Attorney
If your husband can afford to put $6k in to an IRA, then your husband can afford to pay towards his debt(s).
 
Highly thankful to your response.



The issue here is not on whether my husband can afford to satisfy the judgment or not: the issue is whether it is legal to use that money to fund the roth IRA account(s).



The court already determined that the creditor has nothing to do with the funds in the joint account, and in my single account. We prefer to spend it in roth IRA than paying to that creditor.

My question is whether it is legal to use the money (which is not earned income) to fund roth IRA account(s).
 

Zigner

Senior Member, Non-Attorney
I understand the question. To me, the issue IS that he (and you) are attempting to hide away the money instead of paying what a court of law has determined you owe.
 
My focus is on my roth IRA only:) we are not hiding anything: as explained, the creditor knows about these two bank accounts already (and will eventually know about the roth IRA if we create it)
 

adjusterjack

Senior Member
I am still unsure if we can contribute towards Roth IRA this year from our joint accounts.
Your husband can open a Roth IRA (or any IRA) because he has earned income sufficient enough to meet the contribution requirement. The money itself can come from anywhere. So it's legal to use money from both your accounts to fund the Roth.

You, however, cannot have your own Roth IRA (or any IRA) because you don't earn any income from employment.

Your husband has until April 15 to contribute to a Roth IRA for 2020. When he opens the account he should specify that the contribution is for 2020 by writing 2020 contribution on the check (keeping a photocopy) and specifying it on any paperwork used to open the account.

Then he will have until April 15, 2022 to make a contribution for 2021.

The reason that is important is because earnings on a Roth become tax free after 5 years and 2020 will count as the first year even though the contribution was made in 2021.
 
Thanks a bunch.



Adjusterjack:

The link https://www.irs.gov/publications/p590a#en_US_2019_publink1000230955 further states:



Can you contribute to a Roth IRA for your spouse?


You can contribute to a Roth IRA for your spouse provided the contributions satisfy the Kay Bailey Hutchison Spousal IRA limit discussed in chapter 1 under How Much Can Be Contributed , you file jointly, and your modified AGI is less than $203,000.



It seems, based on the above, I can also contribute, but I am not sure. Could someone help me?





Zigner:



Dean v. Heimbach, 409 So.2d 157 (Fla. 1st DCA 1982), and in Suntrust Bank/Miami, NA v. Papadopolous, 740 So. 2d 594 (Fla. Dist. Ct. App. 1999): “sale, gift or other disposition of property which is by law absolutely exempt from the payment of the owner's debts cannot be impeached by creditors as in fraud of their rights. Creditors have no right to complain of dealings with property which the law does not allow them to apply on their claims, even though such dealings are with a purpose to hinder, delay or defraud them”. citing Sneed v. Davis, 135 Fla. 271, 184 So. 865 (1938).
 

adjusterjack

Senior Member
I understand the question. To me, the issue IS that he (and you) are attempting to hide away the money instead of paying what a court of law has determined you owe.
The "law" also allows debtors to claim certain exemptions from judgment and wage garnishment.

Florida has a "head of the family" statute that exempts OP's husband from wage garnishment.

That the accounts have been acknowledged exempt by the court makes any transfer to a Roth equally exempt.
 

Zigner

Senior Member, Non-Attorney
The "law" also allows debtors to claim certain exemptions from judgment and wage garnishment.

Florida has a "head of the family" statute that exempts OP's husband from wage garnishment.

That the accounts have been acknowledged exempt by the court makes any transfer to a Roth equally exempt.
I understand that.
 

adjusterjack

Senior Member
Thanks a bunch.

Adjusterjack:

The link https://www.irs.gov/publications/p590a#en_US_2019_publink1000230955 further states:

Can you contribute to a Roth IRA for your spouse?

You can contribute to a Roth IRA for your spouse provided the contributions satisfy the Kay Bailey Hutchison Spousal IRA limit discussed in chapter 1 under How Much Can Be Contributed , you file jointly, and your modified AGI is less than $203,000.

It seems, based on the above, I can also contribute, but I am not sure. Could someone help me?
I stand corrected. The 2020 publication isn't out yet. Refer to Page 39 for the Roth IRA and click on the Kay Baily Hutchison Spousal IRA link which will bring you back to an example on Page 9 that looks pretty close to your situation.

https://www.irs.gov/pub/irs-prior/p590a--2019.pdf

Again, if you also open an account, make sure your contribution is specified for 2020 so you get the advantage of the full first year.

Your Roths will also be protected against creditors per federal law.
 

Taxing Matters

Overtaxed Member
Your attempt to transfer the money may cause it to become available for garnishment:
Not if they are using funds already exempt from garnishment to fund the IRA, like funds already in a tenants by the entirety (TBE) account or the funds of the non liable spouse.

Oh, I get it - he's a professional deadbeat
I disagree. There is nothing wrong with keeping already exempt funds from the reach of your creditors, especially when, as the OP states, they are just getting by as it is.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top