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-   -   Dividing 401K (https://www.askmehelpdesk.com/showthread.php?t=663592)

  • May 25, 2012, 04:37 PM
    DrLSnoopy2
    Dividing 401K
    My husband and I have been separated for nine months but it has been a year since I filed for divorce. Husband contested the divorce and I guess that's why it's taking so long. Anyway, he has a 401K and he was fired a month ago from his job. His employer sent him his check for the 401K and he hasn't and is not going to give me my share. Can he get in trouble for this? My lawyer is aware of what's going on. He also has stopped giving me child support. I have four daughters 15 years and younger. I only have a part time job and going to school I will graduate with my Bachelor's next May. Tell me what I need to do and give me some positive answers.
  • May 25, 2012, 04:55 PM
    ScottGem
    Talk to your lawyer. If he was ordered to pay support and isn't the court needs to take action.

    As for the 401K, he only owes you a share if it was part of the divorce settlement.
  • May 25, 2012, 05:06 PM
    AK lawyer
    Quote:
    Originally Posted by ScottGem View Post
    ...
    As for the 401K, he only owes you a share if it was part of the divorce settlement.
    I believe the OP said that the husband contested the divorce. As I read what she is saying, there isn't a settlement.

    I suggest your attorney file an expendited motion asking that this check be somehow frozen until the court has ruled on what share of it, if any, you get.
  • May 25, 2012, 05:24 PM
    ScottGem
    Quote:
    Originally Posted by AK lawyer View Post
    I believe the OP said that the husband contested the divorce. As I read what she is saying, there isn't a settlement.
    Exactly!

    Quote:
    Originally Posted by AK lawyer View Post
    I suggest your attorney file an expendited motion asking that this check be somehow frozen until the court has ruled on what share of it, if any, you get.
    Good advice.
  • May 25, 2012, 05:33 PM
    DrLSnoopy2
    Quote:
    Originally Posted by AK lawyer View Post
    I believe the OP said that the husband contested the divorce. As I read what she is saying, there isn't a settlement.

    I suggest your attorney file an expendited motion asking that this check be somehow frozen until the court has ruled on what share of it, if any, you get.
    He is already out spending this money if not all of it and that's why I'm wondering if he will get into trouble for it?
  • May 25, 2012, 05:36 PM
    ScottGem
    Only if you can get a court to stop it.

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