401 K funds

[profmum]

What is the name of your state? CO
In our court ratified agreement, Ex got a portion of my retirement and within 45 days was expected to deposit $x of that amount in a 529 for our 4 yr old daugther and show me a statement within 45 days and annually of the 529. The funds were available to him on July 6, 2007, after ex yelling and screaming to get my employer to hurry up!. No statement to date, clearly we are past the 45 days, I have reminded him of it via email and gave him another week to show me the statement. We are dealing with some other vacation issues that are my focus right now. My questions are
1. if he does not provide me with the statement by the end of next week, i can file a contempt motion that asks him to immediately to deposit the money and ask for attny fees for preparing the motion? is that straightforward or are there other "penalties" I could include?
2. I dont know this, but a gut feeling that he may spent some of the portion required to be deposited in the 529 (and we will know this if we end up filing a contempt motion). If so, what are the repurcussions for him apart from replenishing the funds that I could request?

 

[LdiJ]

What is the name of your state? CO
In our court ratified agreement, Ex got a portion of my retirement and within 45 days was expected to deposit $x of that amount in a 529 for our 4 yr old daugther and show me a statement within 45 days and annually of the 529. The funds were available to him on July 6, 2007, after ex yelling and screaming to get my employer to hurry up!. No statement to date, clearly we are past the 45 days, I have reminded him of it via email and gave him another week to show me the statement. We are dealing with some other vacation issues that are my focus right now. My questions are
1. if he does not provide me with the statement by the end of next week, i can file a contempt motion that asks him to immediately to deposit the money and ask for attny fees for preparing the motion? is that straightforward or are there other "penalties" I could include?
2. I dont know this, but a gut feeling that he may spent some of the portion required to be deposited in the 529 (and we will know this if we end up filing a contempt motion). If so, what are the repurcussions for him apart from replenishing the funds that I could request?

Yes, you can file for contempt and should. You need to make sure that the money gets deposited in the 529 account. The judge can fine him for being in contempt.

 

[Ohiogal]

If you file contempt you better make sure you follow the statute for filing contempt which includes including all the possible legal results. But if you pay an attorney to prepare the motion they should know what those are.

 

[profmum]

Thanks ladies!.. another battle while the current one is in progress!! (and of course he is late on CS by several months.. but letting that one slide for now!