QUESTION

Am I entitled to that whole amount?

Asked on Jul 01st, 2015 on Divorce - Nevada
More details to this question:
I'm going through a divorce after 15 years and my husband lied re: how much he has in his 401k as well as how much he owes on his loan. With that said, I called 401k on in June 26, 2015 and I had them fax me exactly how much I have in my 401k which is $9266.36 not including my loan balance of $5891.54. My husband has total in his 401k is $26,167.38 not including his loan balance of $11,651.66. When I divided both amounts not including loan balance I came up with this: my husband’s 1/2 = $13,083.69, my 1/2 = $4,633.18 which you subtract my husbands from mine = $8,450.51. We have been to court twice so far and I have a male judge who seem to agree with everything my husband wants and it seems like as so as we walk out of court my husband doesn't care about anything agreed too except for the child support. Other than that, he does whatever he wants to and completely gets away with it every time! Meanwhile, I keep getting pooped on. Also in March, our youngest who is 9 since St. Patrick's my husband has claimed him since birth. In March the first time we went in front of judge, decided to not pursue the paternity suit. Then we went back in May because he wasn't doing what he was supposed and because he knew I could get more money he decided to take his name off our youngest birth certificate and claim he didn't know this whole time until December 2014 when he finally decided to get a DNA test done. Why is that possible? I told the judge that my husband (ex almost) was only doing that because he wasn't keeping to his 3 1/2 day agreement and because of the money. The judge didn't care.
Report Abuse

1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
Update Your Profile
We have substantial experience balancing retirement accounts with and without outstanding loan balances, but there is not enough detail to really analyze your situation - much depends on why the loan was taken out, and when, relating to the rest of the marital facts and dates. Your other issues are too vaguely described to comment upon; you really need a comprehensive consultation with a family law specialist well versed in all areas of retirement benefit division, paternity, and support. There have been some changes recently in all three areas.
Answered on Jul 06th, 2015 at 10:23 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters