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  1. #1
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    Collecting divorce settlement

    What is the name of your state (only U.S. law)? CA

    My ex is totally incommunicado since the last time in court. I know the divorce settlement, in which what we each get from the community property is settled. I am/was owed about $35K plus half of the 401K of my spouse via QDRO.

    I have 2 questions:
    1. what do I need to do to garnish my ex's wages and what percentage of it can be garnished ? I think we are talking about $5,000 net per month if my research is correct.
    2. since it has been almost 5 years since the last court date and about 3 years since the divorce is finalized (by declaration obtained from the judge), can I apply any interest to the monies owed to me ? If yes, what percentage is customary for the state of CA (is there a legal document to reference) and when does it start to accrue ? I mean last court date which was decided or by the time divorce was finalized ? There are two years in between.

    Thanks for all answers.


  2. #2
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    Why have you waited so long to deal with this? What does your attorney have to say about it?


  3. #3
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    Quote Originally Posted by HighwayMan View Post
    Why have you waited so long to deal with this? What does your attorney have to say about it?
    Due to financial concerns, I had to end my contract with my lawyer, close to the end of divorce case. Currently have no legal representation and I'd like to avoid hiring another lawyer just for this.
    Coming to why I waited so long was family reasons. There were a lot to take care of with my family, coming one after the other and other, a lot of things in my life was put to hold for a long time.


  4. #4
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    You may snatch defeat out of all this as a DIY project ...The issues of contempt of the order to pay you are best addressed via counsel...and seek costs as part of sanctions ....

    And younsimply won't get a dime out of 401k until you pick up the ball and get a QDRO in place ..and that requires technical /legal skills .


  5. #5
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    Quote Originally Posted by HRZ View Post
    ...pick up the ball and get a QDRO in place ..and that requires technical /legal skills .

    I read her post as meaning the QDRO is already in place.


  6. #6
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    Quote Originally Posted by HighwayMan View Post
    I read her post as meaning the QDRO is already in place.
    And I understood that it has yet to be done.


  7. #7
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    If the divorce is "settled" and signed off on by a judge then the QDRO should be in place. It sounds like the issue is that the husband has not paid her the 35 grand he owes in the three years since everything was concluded.

    Hopefully the OP will return and confirm what's what. The QDRO >should< have been approved prior to the divorce being finalized.


    Last edited by HighwayMan; 09-14-2017 at 03:24 PM.
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