QUESTION
My husband filed for divorce in April after 16yrs of marriage the same month he cashed out his 401k and got a condo with his new girlfriend
Asked on Sep 22nd, 2013 on Divorce - Florida
More details to this question:
I hired a attorney I thought had my best interest in mind, we went to mediation and that's when I found out about his actions with the 401k we both put money in as I was self imployed the mediation seemed to go well my attorney was called into a private conference by his where his attorney admitted to mine he would pay me for the 401k he spent this was August 26 2013 my attorney the following week sent me a document stating my 401k entitlement and said we had a hearing In front of a judge on September 18 2013 two days before the court date I got message from my lawyers assistant who told me the court date was put off til November 7, I was injured in a car accident in February 2013 and my neurogist said I can't work til I have neck surgery which I haven't been able to have because my husband canceld my health insurance January 1 2013 my house is in foreclosure my car has been reposed and now my attorney put off my court date I don't know how I'm going to make it while I sit
1 ANSWER
Dear Anonymous,
I am not quite sure exactly what your question is after reading the above. So, let me try to see what questions I can glean from this.
-If you want to know why the hearing was postponed, the best thing to do is speak with your attorney. Sometimes a judge cancels the hearing and there is nothing your attorney can do about this. Perhaps your attorney had a conflict. Because you want to get this divorce sooner rather than later, ask your attorney if there is any way that the hearing cam be moved up.
-It sounds like you reached a settlement agreement of all issues when you were at mediation. If so, you are bound by that agreement. Why your husband was able to cancel your health insurance, I don't know nor do I know if the agreement provided for him to pay you any money besides the money from the delpeted the 401K. If you are waiting for the final judgment to get that money, then it should state as such in the final judgment. Because going to final hearing on a settlement is just ministerial, perhaps your attorney could suggest that your husband pay the sums due you now rather than wait until final judgment.
Again, I am making a lot of assumptions in answering this question, and you should request that your attorney speak to you to answer the more detailed questions for you.
Good luck.
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
Answered on Sep 22nd, 2013 at 5:38 PM