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401K problem in MD

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S

starry1st

Guest
I hope I can include the necessary details here without wasting anyone's time. It's rather lengthy and complicated, so bear with me, please.

I have been married 14 years. My husband has a 401K. I do not. I work both part time and am a homemaker.

We met an unmarried young girl 10 years ago with a baby who we befriended and took under our wing. The baby means the world to us, even though she's not a baby now. We have always provided for this child, up to and including Christmas, birthdays, camp, vacations and braces. The mother has another child now, that we do not provide everything for, but by our taking most of the financial responsibility for the first child, it allows her to have more money to buy the boy the things he needs. We put in an apt. in the basement of our home for them. The mother lived there for 4 months and nmoved out.

My problem is this: I left my husband in Jan. of 98 and moved away to Florida for 11 months, due to his drinking, verbal abuse and him always putting the needs of others ahead of mine. The reasons aren't as important as the fact that I did leave him and during the time frame that I was in Florida, we kept talking and trying to re-concile. I finally came back to our home in Dec. of 98.

While I was gone, this young woman(we'll call her M) bought a house and moved out. I was told she got a first time home buyers loan from HUD.

I recently found out that my husband took over 27K out of his 401K in order to pay off some of her bills and gave her the down payment on this house.

We have't filed our 98 or 99 income taxes yet, and I wasn't worried because we always get a return; and due to the chemo I was taking, I was just too sick to take care of them. That's how I found out about the 401K withdraw. Now, I'm told we owe the gov. almost 7K for 98,so, we have that to deal with.

M has received over 12K in the past two years on her income tax returns. She promptly spent all of it. No offer to us to make any re-payment.

I have asked this girl to gather up the paper work and come sit down with us to discuss a repayment plan. She's avoiding doing so.

My husband said he gave her the money, but he is not adverse to being paid back.

What can I do? I know under MD law I am entitled to half of his 401K, but since he gave her this amount of money without having anything signed, do I stand any chance of putting a lien on her property?

Thanks in advance. I am on line all the time, so as soon as someone answers me, I will respond. Especially if you need more information.

 


S

starry1st

Guest
bumping this up in the hopes that someone will see it and answer.

Thanks in advance
 
S

starry1st

Guest
Someone told me that I can sue the company my husband works for, for dispurment of these funds as he needed my signature to do this.

Does anyone know anything about this subject?

Any help would be much appreciated.

Thank you.
 

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