QUESTION

How do I get half 401k if exhusband took it out during or after judge granted me half and he spent it all? DIVORCE CASE

Asked on Jun 13th, 2016 on Divorce - Utah
More details to this question:
During or after the divorce was granted the judge granted me half the 401k and $500.00 alimony monthly and I have not seen nothing. I recently found out he had spent it all after i had explained to him i would even drop the alimony. What can I do now? Who pays me the money if I take him to court? Do I get it all in full?
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2 ANSWERS

Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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Have you taken any of the steps I recommended, or are you still having problems?
Answered on Jul 01st, 2016 at 9:22 AM

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Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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If what you say is supported by the terms of the divorce decree, you have a couple of options to pursue your claims against your exhusband. If he is not paying the alimony, you can file a motion with the court seeking to hold him in contempt, give you a judgment for the past due, and maybe even award you your attorney fees for filing the motion. If he has disposed of all of the 401k, despite the orders contained in the decree, then you have an option to either go back in the divorce to reallocate property, or to pursue a separate claim for his "wasting" your share of the retirement. Again, depending on the facts, the court may grant you a judgment for the value, and perhaps award you your attorney fees. In any event, you should get moving now and not let any more water flow under the bridge. There are time limits involved, so you had best see about hiring an attorney to get your claims moving forward. Should you want, I could assist you. David R. Hartiwg 801-486-1715 hartwig-law.com  
Answered on Jun 15th, 2016 at 1:56 PM

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