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    RFP032869's Avatar
    RFP032869 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 27, 2013, 01:23 PM
    Defaulting on divorce decree
    According to my divorce decree, I was awarded 50% of my (ex) husband's 401K. I had to pay $250 to an attorney and open an IRA, forwarding him the account details so this transaction could be facilitated. I sent in a check April 17, 2013 and as of today (June 27, 2013) the check remains uncashed. I called his lawyers office to just to inquire where my check was and they told me they would look into it. In the meantime, they contacted my ex that I have, in fact, started this ball rolling and he is refusing to go along with this. He is sending me e-mails bullying me not to pursue obtaining half his 401K. What sort of recourse do I have with this?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #2

    Jun 27, 2013, 01:35 PM
    Contact the holder of the 401k. They should be able to handle it and tell you what paperwork is required. Splitting one in a divorce happens all the time.

    Also not a good idea to contact your ex's lawyer. They work for him and not you so don't expect any results.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jun 28, 2013, 09:05 AM
    I'd take the shortcut by going back to Court to hold him in contempt, taking his threatening emails with me.

    As far as the Attorney I'd write a letter, send it certified and return receipt requested. Demand that some action be taken.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jun 28, 2013, 09:18 AM
    To get his 401(k), you have to file a QDRO http://www.dol.gov/ebsa/faqs/faq_qdro.html. This is probably what the attorney is preparing.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Jun 29, 2013, 03:10 AM
    Agree, you never ever talk directly to the ex's attorney, you talk to your attorney to talk to his attorney. But if he does not transfer it, take him back to court to enforce it

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