QUESTION
What can be done if I was awarded half of my ex's 401k but I found out he borrowed all the money?
Asked on Apr 26th, 2013 on Divorce - Michigan
More details to this question:
My divorce decree (9/2012), states that I am to receive half of my ex-husbands 401K. I have a QDRO in place. In January 2013 the acct had $50,000. But I just found out ex-husband borrowed all the money against it, since then.
6 ANSWERS
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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I don't know why a QDRO or Joinder was not done in 2012, but he still owes you.
Answered on Apr 29th, 2013 at 1:38 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 him in your divorce court.. get him thrown in jail.
Answered on Apr 28th, 2013 at 9:48 PM
Get an atty and get a judgment against him for the $50000. Then levy against all his other assets until you are paid.
Answered on Apr 28th, 2013 at 8:30 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your best remedy is to seek to have him held in contempt of courtif, as seems likely, he borrowed the money in order to undermine the division of property set forth in the marital settlement agreement or judgment of divorce. If he borrowed the money earlier, but did not disclose the debt on his final Financial Disclosure Statement, you have a similar remedy.
Answered on Apr 28th, 2013 at 8:25 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You can enforce the judgment and ask for costs. Talk to an attorney to discuss further.
Answered on Apr 28th, 2013 at 8:09 PM
Get an attorney and have an order to show cause for contempt filed against your ex husband. He violated court orders and that can subject him to five days in jail, a court fine of up to $2000 and payment of your attorney fees. You can also get an order that ex hubby owes you one half of the amount he has removed. There are other remedies too. Be sure you get a lawyer who has done contempts in family law before.
Answered on Apr 28th, 2013 at 8:09 PM