Retirement account division - When is it over?

[Torakki]

What is the name of your state (only U.S. law)? CA. Hi, I've been in a very long term battle over my retirement account. Short story is, my ex and her attorney, after finally agreeing on the percentage that she would receive, change the numbers in the finally document to double what it should have been. So, I refused to sign until it was corrected. The commissioner in the case, blindly signed it and she sent it in to the fund manager. The fund company has not release the funds since the paper is not complete. There was an eighteen month deadline and at that point, the hold would be lifted from the funds in the account. She tried again, just before the deadline and again got rejected. Now the deadline is past, does she still have recourse or is she out of luck completely? Thanks for your input.

 

[Dandy Don]

Your attorney should inform the commissioner of her error (if she is not aware of it already) and your attorney should also be contacting the fund manager about this.

 

[LdiJ]

What is the name of your state (only U.S. law)? CA. Hi, I've been in a very long term battle over my retirement account. Short story is, my ex and her attorney, after finally agreeing on the percentage that she would receive, change the numbers in the finally document to double what it should have been. So, I refused to sign until it was corrected. The commissioner in the case, blindly signed it and she sent it in to the fund manager. The fund company has not release the funds since the paper is not complete. There was an eighteen month deadline and at that point, the hold would be lifted from the funds in the account. She tried again, just before the deadline and again got rejected. Now the deadline is past, does she still have recourse or is she out of luck completely? Thanks for your input.

You owe her, her share of the account. She is not out of luck at all in getting her share. If you spend or move the money in an attempt to keep her from getting it/hide it from her then you can get in a serious amount of trouble.

Now, have you presented any evidence to the attorney or to the court that the numbers are wrong on the documentation? Have you provided anything to prove what the correct number are? Did you play any games with the account while the property settlement was pending to make the amount in the account lower than it should be?

Spell out the details for us if you want to get truly valid and useful answers.

 

[Torakki]

At the moment, neither one of us has lawyers. When she did have a lawyer, they came to me, since her documents were not complete. I informed them numerous times that the amounts had been switched with proof from the qdro accountant. I told them, once it's corrected, I will be glad to help them out so she can get her share and end this. They wanted me to call them but I insisted on emails so it's documented that I'm trying to resolve it. And of course, I did not "play any games" with the account. Not sure why you think, I'm the guilty one and not her? I'm not a criminal and believe in honesty. But, my ex has forged documents in that past and also committed purgery in court. She also had a retirement account but told everyone that it was "depleted during the marriage" which was a lie. She has a long history of falsify documents that I spent thousands of dollars proving wrong.
Thanks Dandy Don, I will inform the management company of the correct values (with proof) and see what happens next. Thanks

 

[Torakki]

You brought up a good point LdiJ. If I could have gotten in serious trouble for "playing games" with the account, can she get into serious trouble for changing the percentage into her favor? Think about it. If I was playing games, (and how could I, the account was locked) why not she go back to court to get her money? Unless, she is doing something shady.
Back to my original question, The deadline has passed, the block is off, is there an end point? This has been going on for over 10 years.
Thanks

 

[Bali Hai]

You brought up a good point LdiJ. If I could have gotten in serious trouble for "playing games" with the account, can she get into serious trouble for changing the percentage into her favor? Think about it. If I was playing games, (and how could I, the account was locked) why not she go back to court to get her money? Unless, she is doing something shady.
Back to my original question, The deadline has passed, the block is off, is there an end point? This has been going on for over 10 years.
Thanks

Of course not. The universal assumption by women, the courts and some others is that you would play games to keep the money from her, but she wouldn't do that to you.

You should be working closely with your lawyer to make sure the other party doesn't get more than their fair share.

 

[LdiJ]

You brought up a good point LdiJ. If I could have gotten in serious trouble for "playing games" with the account, can she get into serious trouble for changing the percentage into her favor? Think about it. If I was playing games, (and how could I, the account was locked) why not she go back to court to get her money? Unless, she is doing something shady.
Back to my original question, The deadline has passed, the block is off, is there an end point? This has been going on for over 10 years.
Thanks

The point I was trying to make is that just because the holder of the retirement account is taking the block off doesn't mean that you are legally able to take the money and run...and that whether or not she is playing any games depends upon what has been going on with the account since then.

 

[Bali Hai]

The point I was trying to make is that just because the holder of the retirement account is taking the block off doesn't mean that you are legally able to take the money and run...and that whether or not she is playing any games depends upon what has been going on with the account since then.

My interpretation of OP's question was he wants the ongoing drama ended by the exwife and in his current situation, what are his legal options to that end. Because of the exwife's greed according to OP and the deadline that has passed, can he just cut her loose because she is not going to give up without exploiting the situation. Of course OP knows that the 401k legally must be divided. Did OP say he wanted to take the exwife's portion of the 401k and run away with it? His question is what will it take to stop the greedy renegade exwife.

If you see this differently let us know.

 

[LdiJ]

My interpretation of OP's question was he wants the ongoing drama ended by the exwife and in his current situation, what are his legal options to that end. Because of the exwife's greed according to OP and the deadline that has passed, can he just cut her loose because she is not going to give up without exploiting the situation. Of course OP knows that the 401k legally must be divided. Did OP say he wanted to take the exwife's portion of the 401k and run away with it? His question is what will it take to stop the greedy renegade exwife.

If you see this differently let us know.

Well, he could always put together an accurate QDRO himself instead of waiting for the ex wife to do so.

 

[stealth2]

Considering how long this has been going on (p/x, peeps), OP should be speaking with an attorney of his own.

 

[LdiJ]

Considering how long this has been going on (p/x, peeps), OP should be speaking with an attorney of his own.

I just did a thorough review of his posting history and the situation was quite misrepresented on THIS thread.