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Privacy of Retirement Accounts

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E

Edo

Junior Member
What is the name of your state (only U.S. law)? OHIO

My company received a subpoena from the defendants attorney requesting my 401-k balance and they provided it. I am the Plaintiff (Pro Se). I issued a subpoena requesting her account information, which is a Public Employye Retirement Account. The Attorney General of Ohio responded, stating that this information was private and could not be provided unless the defendant signed a release, or the court ordered disclosure. HOW CAN SHE GET MY RETIREMENT ACCOUNT INFO, BUT I CAN'T GET HERS??? This could cost me $40,000. Please help.
 


P

Proserpina

Senior Member
Edo said:
What is the name of your state (only U.S. law)? OHIO

My company received a subpoena from the defendants attorney requesting my 401-k balance and they provided it. I am the Plaintiff (Pro Se). I issued a subpoena requesting her account information, which is a Public Employye Retirement Account. The Attorney General of Ohio responded, stating that this information was private and could not be provided unless the defendant signed a release, or the court ordered disclosure. HOW CAN SHE GET MY RETIREMENT ACCOUNT INFO, BUT I CAN'T GET HERS??? This could cost me $40,000. Please help.
Click to expand...


How is this going to cost you $40k? Was your subpoena prepared and served correctly?
 
LdiJ

LdiJ

Senior Member
Edo said:
What is the name of your state (only U.S. law)? OHIO

My company received a subpoena from the defendants attorney requesting my 401-k balance and they provided it. I am the Plaintiff (Pro Se). I issued a subpoena requesting her account information, which is a Public Employye Retirement Account. The Attorney General of Ohio responded, stating that this information was private and could not be provided unless the defendant signed a release, or the court ordered disclosure. HOW CAN SHE GET MY RETIREMENT ACCOUNT INFO, BUT I CAN'T GET HERS??? This could cost me $40,000. Please help.
Click to expand...
You can get hers, you simply have to get the court to order it. Its not that big of a "deal".

However, as has already been mentioned, only the amount that accrued during the marriage is relevant...on both sides.
 
E

Edo

Junior Member
Retirement Accounts

All accumulated during Marriage.

The subpoena was submitted correctly, but a subpoena is just a request for information (Correct?). The attorney general said they would not provide unless the defendant signed a release or the court ordered it. Are there different privacy issues with a Public Employee Retirement than a private 401-k?

How do I get the court to order? Woudl that be a "Motion to Compel Discovery"?
 
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