QUESTION
What is the legal process now that I just found out from Fidelity there are no assessts in our 401k plan to divide since my ex-spouse withdrew them
Asked on Sep 21st, 2014 on Family Law - Louisiana
More details to this question:
Our court ordered qdro was signed in May 2014. I just sent it off on September 8th and received notification there were no assets in account. There was 164,000 dollars in January 2014. I called him and he told me he withdrew 40,000 and transferred the balance to his new company account !! Is this theft?? Does a new qdro have to be drawn up and resigned by the judge??
1 ANSWER
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I don't know if it's considered theft, but you need to revisit this issue with the court in order to determine the location of the funds so that you can recover the 50% that is due as per the QDRO. It is most important that you recover the funds which is a CIVIL matter. More facts are needed to determine whether there is criminal violations, and ultimately, it is the DA who determines whether or not to prosecute.
Answered on Oct 07th, 2014 at 2:45 PM