What lawyer (specialization) should I look for in my situation?

[dove_in]

The decree was filed on May,15 2019, and my ex-husband took the money before that, it's even stated in the divorce decree(that he withdrew $ from 401K twice before the divorce was finalized

 

[quincy]

Around $200K

My son still had to receive a child support for a year and a half at the time of divorce

Yes I'm employed

Thanks for answering our questions.

If the amount you believe you are owed is close to $200,000, that seems worth getting another attorney involved. With your ex back in the U.S., it is easier and less costly now to track down him and any remaining assets.

That said, I am not clearly seeing attorney malpractice or any fault by the retirement plan administrator, based strictly on what you have said so far.

 

[dove_in]

he doesn't have any assets left

What lawyer (specialty) would work with this case ? business, family lawyer? And would it be possible to get an attorney with option to pay his attorney fees after the case is done, like car accidents lawyers work?

 

[quincy]

he doesn't have any assets left

What lawyer (specialty) would work with this case ? business, family lawyer? And would it be possible to get an attorney with option to pay his attorney fees after the case is done, like car accidents lawyers work?

I don’t think you will find an attorney to work on a contingency basis. You might be able to pay an attorney for a few hours of his time just to review the facts for you and offer an opinion on your chances of recovering any assets.

Your divorce attorney gave you the name of one attorney. Ask that attorney if you can just pay for a few hours of his time.

 

[dove_in]

I spoke to him and explained the situation. He said he would take it but he needed a retainer fee 10K to start

 

[dove_in]

my divorce attorney gave me the name two years ago and I no longer have that information or remember what kind of attorney he was( I thing corporation lawyer, but I'm not sure I remember it right). That's why I'm trying to figure out what kind of lawyer to contact

 

[dove_in]

In other words, what attorney should I look for, that was my original question. I'm confused about what field of law this issue/case belongs to. Thank you so much for answering my questions!

 

[quincy]

my divorce attorney gave me the name two years ago and I no longer have that information or remember what kind of attorney he was( I thing corporation lawyer, but I'm not sure I remember it right). That's why I'm trying to figure out what kind of lawyer to contact

A divorce attorney is fine. Whether you trust your former divorce attorney enough to hire him again is up to you. You might want to find an attorney who has expertise in QDROs.

 

[dove_in]

so I can actually hire a divorce attorney for something that is not divorce? Because when I asked about it my divorce attorney, he said he can't help me with that because all they do is actual divorce

 

[quincy]

so I can actually hire a divorce attorney for something that is not divorce? Because when I asked about it my divorce attorney, he said he can't help me with that because all they do is actual divorce

You should be able to find a family law/divorce attorney who can help you get your divorce agreement enforced - or at the very least to review what has happened with your divorce that resulted in the inequitable division of your marital assets.

 

[dove_in]

Thank you very much for your advise!

 

[quincy]

Thank you very much for your advise!

You’re welcome, dove_in. I appreciate the thanks.

Good luck.

 

[Taxing Matters]

so I can actually hire a divorce attorney for something that is not divorce?

Yes. Just depends on the scope of work that the lawyer chooses to do. I might suggest expanding the type of lawyer to include family law attorney (which quincy alluded to but that may not have jumped out at you). It shouldn't take too many calls to find an attorney who can tackle this for you. Good luck.

 

[quincy]

You just happened to have had an attorney for your divorce who does not do the type of work you want done. I agree with Taxing Matters that finding an attorney who can handle this for you probably won’t be too difficult. What might be more difficult is finding an attorney who will work by the hour without a retainer.

 

[Zigner]

Are you expecting to find an attorney to take this at no upfront costs to you? That would be almost impossible. I'm not saying that there aren't any attorney's in the entire country who would take this on without requiring you to pay a retainer, but the chances that one would are so small as to say it's not going to happen.