QUESTION
How to I go about getting money that is owed to me by my ex-husband?
Asked on Jan 13th, 2014 on Divorce - Michigan
More details to this question:
I was granted money through the court and my ex-husband has not given it to me. It's almost been a year. I don't have the money to hire an attorney. My ex-husband's company sent a letter stating that the money he told the judge was not the right amount in the 401k. How do I get that money from him?
7 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You would need to file a contempt procedure.
Answered on Jan 15th, 2014 at 11:25 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It sounds like you need a QDRO or perhaps the QDRO needs to be modified. An attorney could take his or her fee from your share of the retirement.
Answered on Jan 15th, 2014 at 11:24 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Are you trying to get money that is currently held in your ex's 401(k) Plan through his employer? If so, then you will need to have a QDRO drafted and entered by the Court and approved by the 401(k) Plan administrator ("QDRO" stands for: "Qualified Domestic Relations Order").
Answered on Jan 15th, 2014 at 11:23 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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File a motion for contempt
Answered on Jan 15th, 2014 at 11:23 AM
Karen Barbara Miller
I would suggest you go to your local court's self help center. They will help you with drafting a motion to determine child support arrearages. Also you need to prepare a QDRO to get your money from his 401k. The self help center would be able to assist you with these legal documents.
Answered on Jan 15th, 2014 at 11:23 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You will need a lawyer and you should file for an enforcement of the order with in two years of the Decree.Unless the money is retirement money. If it is retirement money then a qualified domestic relations order (QDRO) needs to be signed. Your first lawyer should have done this. If it was done incorrectly, then that lawyer should do it again but correctly this time. If the money is non-retirement money, then you could probably hire a lawyer by promising him or her a percentage of the recovery. In such an action attorney fees are also recoverable.
Answered on Jan 15th, 2014 at 11:22 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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file a motion for contempt against your ex.. he either lied to the judge when he gave you the wrong amount or owes the money
Answered on Jan 15th, 2014 at 11:21 AM