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  #1  
Old 05-12-2006, 04:42 PM
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Join Date: Nov 2002
Posts: 104

401K withdrawals?


What is the name of your state? Kansas
When I filed for divorce on October 5th, 2005, my attorney said that she had put a "hold" on the 401K funds so that stbx couldn't empty the account.
I was just able to view the account online and stbx has been on a spending spree.
On December 14, 2005, he took out $25,000, on April 18th, 2006 he took out $5000, and on May 5th, 2006 he took out $7500.
The website shows the dates the checks were processed, the tracking numbers for each check, who they were made out to and the address they were mailed to.
Of course it's Friday and I can't contact my attorney to let her know until Monday.
BUT, we have a contempt hearing Tuesday at 9:30, and another attempt at settlement at 1:30.
What can be done if anything since I only found this information out today and court is Tuesday?
  #2  
Old 05-12-2006, 05:28 PM
Senior Member
 
Join Date: May 2004
Posts: 41,296
Quote:
Originally Posted by ICUB4ER
What is the name of your state? Kansas
When I filed for divorce on October 5th, 2005, my attorney said that she had put a "hold" on the 401K funds so that stbx couldn't empty the account.
I was just able to view the account online and stbx has been on a spending spree.
On December 14, 2005, he took out $25,000, on April 18th, 2006 he took out $5000, and on May 5th, 2006 he took out $7500.
The website shows the dates the checks were processed, the tracking numbers for each check, who they were made out to and the address they were mailed to.
Of course it's Friday and I can't contact my attorney to let her know until Monday.
BUT, we have a contempt hearing Tuesday at 9:30, and another attempt at settlement at 1:30.
What can be done if anything since I only found this information out today and court is Tuesday?
The only thing you can do is make sure that your attorney knows as soon as possible. If you have an email addy, or a fax number for your attorney I would recommend either emailing or faxing the info to the attorney, and then follow up with a phone call on Monday.
  #3  
Old 05-14-2006, 04:05 AM
Member
 
Join Date: Nov 2002
Posts: 104
Thank you very much! I printed all of the pages with the information concerning the withdrawals and dropped them off at her office so she will have them first thing Monday morning.
The contempt hearing Tuesday iis for him refusing to turn the vehicle over to me that the court awarded me, and also because even though the court ordered a hold placed on the $13,000 in the bank acount, he spent it all...and spent it in 4 DAYS!
Wonder what will happen to stbx...if anything.
Will there be any repercussions on him? Shouldn't the investment company and bank have refused any access by him?
  #4  
Old 05-14-2006, 08:02 AM
Senior Member
 
Join Date: May 2004
Posts: 41,296
Quote:
Originally Posted by ICUB4ER
Thank you very much! I printed all of the pages with the information concerning the withdrawals and dropped them off at her office so she will have them first thing Monday morning.
The contempt hearing Tuesday iis for him refusing to turn the vehicle over to me that the court awarded me, and also because even though the court ordered a hold placed on the $13,000 in the bank acount, he spent it all...and spent it in 4 DAYS!
Wonder what will happen to stbx...if anything.
Will there be any repercussions on him? Shouldn't the investment company and bank have refused any access by him?
If the bank and investment company actually received paperwork freezing the accounts, then yes, they should have refused him access. However, that obviously wasn't the case.....therefore someone, either your attorney or the courts, messed up somewhere.
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