401k Was Taken Out By X Husband

What is the name of your state? PENNSYLVANIA

HI IM WRITING FOR MY SISTER WHO RESIDES IN PA ALSO WHO HAS NO INTERNET ACCESS. SHE SIGNED PAPERS THAT SHE WAS TO RECIEVE 9,000 DOLLARS FROM HIS 401K AND SHE DID NOT UNDERSTAND ANYTHING ABOUT A 401K AND SHE ASK HIM ONE DAY WHEN AM I GETTING THAT MONEY. HIS REPLY WAS YOU CANT TOUCH THAT MONEY ITS FOR YOUR RETIREMENT HE SAID I CANT EVEN TOUCH IT UNLESS I PAY THE PENALTIES.
WELL A WEEK LATER HE CALLS AND SAYS I HAVE A CHECK HERE FOR YOU FOR 8,000 HE SAYS HE PULLED THE MONEY AND PAID THE FEES!! HER ATTORNEY WILL NOT RETURN HER CALLS AND ALSO HER ATTORNEY HAS GONE BY WHAT HE SAYS WAS IN THE 401K HE SAID SOMEWHERE BETWEEN 9 AND 10 THOUSAND SHOULDNT PROOF HAVE TO BE SHOWN. IM THINKING THERE MUST OF BEEN ALOT MORE MONEY THAN HE STATED IN THERE FOR WHAT REASON WOULD HE HAVE TO GO PULL THAT MONEY AND PAY THE PENALTIES UNLESS HE WAS BENEFITING FROM IT. ANY ADVICE WOULD BE HELPFUL MY SIS FEELS SHE IS GETTING ROYALY SCREWED BY HUSBAND AND ATTORNEY HELP
THANKS ddiana

[gphjr]

Well she signed papers that she was to receive 9K. she only received 8K he still owes 1K to her. The paper don't say anything about her having to pay penalties. I went through that during may divorce. the judge grated my ex money with an effective date. My ex only receive 1K of the 7K that I had in my fund. If she was to receive 9K then 9K is what she should have receive not 8K.

Thanks for the reply, yes my sis talked to her lawyer finally yesterday and he said that her ex is in contempt of court for pulling that money that he had no business touching it and that like you said he will have to pay the penalties on it. I honestly believe that there was more money than he stated in there for there would be no other reason for him to put out the fines unless he was getting something out of it. Did your ex have to show proof of what was in the 401? I guess he will have to show proof now!! thanks again ddiana

[stealth2]

Since there has already been an order, it likely doesn't matter what was in the 401k. The time for that question was well before an order regarding distribution.

Thats what I thought but from what I understand her attorney orally ask her husband how much is in the 401k and he replied somewhere between 9 and 10 thousand. I would think proof should of been brought forth. Dont you think proof should have been given? Thanks for your help

[stealth2]

It would have been up to the attorney to ask for proof prior to an order being signed. It's likely too late to do it now.

WOW THAT WOULD REALLY STINK... ITS A SHAME THAT MY SISTER WHEN SHE LEFT DIDNT EVEN KNOW HOW TO WRITE A CHECK LET ALONE WHAT A 401 K WAS SHE LET HIM HANDLE ALL THE MONEY. ONLY TO FIND OUT NOW HE HAD ACCOUNTS AND ALL KINDS FUNDS STASHED PLACES WITHOUT HER NAME ON THEM. I FEEL BAD FOR HER SHE'S GETTING ROYALY SCREWED AND I THINK HER ATTORNEY SHOULD OF DONE SOME INVESTIGATING OR ASKING FOR PROOF OF ALL HIS INCOME. I HOPE ITS NOT TO LATE AS YOU SAY BUT I GUESS IF IT IS IT WILL BE A HARD LESSON LEARNED FOR HER. THANKS STEALTH AND EVERYONE WHO HAS REPLIED. I APPRECIATE IT. DDIANA

[gphjr]

stealth is correct the time to ask was during the discovery phase of the divorce. Your sis has just learn a hard lesson. She can put that money away for her future. If all he had was 9 or 10K then she got all of what was in there. Tell her good luck and keep her nose in her money business.

thanks GPHKJR,

I KNOW I WISED HER UP REAL QUICK WHEN THEY GOT DIVORCED THIS GIRL NEVER USED HIS MONEY SHE WORKED FOR 14 YRS AND USED HER MONEY 90% OF THE TIME SHE HAD A MAC CARD BUT DIDNT REALLY KNOW HOW TO USE IT (I KNOW THATS UNHEARD OF) BUT I TOLD HER HOW TO GO NAIL THE ACCOUNT FOR AS MUCH AS POSSIBLE EVERY NIGHT UNTIL HE FIGURED IT OUT AND HOW TO CALL THE BANK AND FIND OUT WHAT HE WAS SPENDING. DONT GET ME WRONG HERE BELIEVE YOU ME HE HAD IT COMING THIS ROTTEN CREEP THAT I REALLY LOVED AS A BROTHER IN LAW, GOT CAUGHT WITH HIS PANTS DOWN WITH MY SIS'S BEST FRIEND AND COUSIN!!!!! IT WAS A DEVASTATING BLOW TO THE WHOLE FAMILY. ITS JUST A SHAME THAT SHE NEVER LEARNED HOW TO TAKE CARE OF THE BILLS FOR HE HID ALOT OF MONEY. WE ARE ONLY SEEING THIS NOW AFTER SHE HAD ME GO THRU WHAT PAPERWORK SHE HAD IN HER POSESSION. ISNT THAT THE LAWYERS JOB TO FIND OUT EXACTLY WHATS INVOLVED? I KNOW IF I WAS PAYING AN ATTORNEY I WOULD HOPE HE WAS CHECKING EVERY CORNER? THANKS FOR YOUR REPLY, SHE LOVES IT WHEN I CALL HER AND TELL HER ABOUT ALL YOU FOLKS GIVING ADVICE. THANKS SO MUCH. DDIANA

[gphjr]

DDiana can you please stop typing in CAPS. refer to the red writing above. Its not her attorneys responsibility to search every corner tis her responsibility to know which corners to have her attorney look in. This usually happens during the discovery phase of divorce. If she knew where to look she would have noticced that he was not producing all of his finaces to the court. He would have been held in comtempt and she would have gotten much more. Since she has founf out more since the proceeding, have her ask her attorney if she can laim haf of what is in the other account. I don't know this area in depth but its worth the question to the attorney now that she knows where the money is. He may have moved it by now but she may be able to see where it went. Be advised it will cost her money with her attorney to go beack to court and she may get nothing but a bill. Sorry for her that her best friend and cousin are sluts. I have yet to meet a man that would JUST SAY NO. when ti put on a platter like that. I myself, don't allow myself to be put in position where I will have the chance to screw around on my wife. I learned that hard lesson from the my marriage. i was one who would not say no to a gift from my first wife's friend. When she find someone else tell her not to tell her bedroom secrets and her friends and family won't try to experience what she is getting.h

Hi GPHR,
Sorry for the caps its a bad habit or should I am a lazy typer. Its alot more easier to read I dont mean it that I am shouting or anything sorry if you thought so, hey thats some good advice about not telling bedroom secrets for I think thats probably what happened! Thanks for the info I dont think she is going to push the issue she just wants what she signed for. Thanks again!

ddiana

GPHJR, Sorry for the wrong name thats the second time I messed your name up, this is all new to me the internet that is I just got this laptop to use for school. Anyhow thanks for your help.


ddiana

[gphjr]

Don't worry about the mispelled name. I misspell all the time. Your very welcome. Tell your friend to enjoy life.

Marry Xmas.

GPHJR,

Thanks ! Happy Holidays to you and your family also. ddiana