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  #1  
Old 10-21-2008, 03:06 PM
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Conflicting Dates in Divorce Settlement


I am recently divorced and as part of the settlement I am supposed to receive a payment of 20,000 dollars every year for the next 3 years from my husbands ESOP. He now says that there is a federal law preventing him from withdrawing any money from his ESOP until 2011 when he turns 50 years of age. I have been told that money could be released early under certain circumstances such as through a Qualified Domestic Relations Order (QDRO), but only if it had been accepted by the plan administrator. I am confused as to why the divorce settlement would include payments with a start date of this year when the funds are not accessible until 2011. Is my ex still obligated to pay the amount stated in the divorce agreement on the dates specified in that agreement?
  #2  
Old 10-21-2008, 03:08 PM
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What does your attorney say?
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  #3  
Old 10-21-2008, 03:15 PM
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Quote:
Originally Posted by Zigner View Post
What does your attorney say?
Is my ex still obligated to pay the amount stated in the divorce agreement on the dates specified in that agreement?

And...what EXACTLY does the judgment in your lawsuit say?
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  #4  
Old 10-21-2008, 04:49 PM
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Quote:
Originally Posted by xqto View Post
Is my ex still obligated to pay the amount stated in the divorce agreement on the dates specified in that agreement?
Tell us the exact wording of the clause(s) in the divorce decree related to this topic if you want a legitimate answer.
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