Missing $50,000 from community property

[BigMouthWino]

First you said:

In other words, No, I can't provide any kind of verification - you're supposed to just take my word for it.

Then you said:

No, this is a case of someone not being willing to put his money where his mouth is. He's the one claiming such a case exists - it's up to him to provide the backup, not up to everyone else to go looking for support for his claim.

Particularly since this case is not on point to the situation.

You were just too lazy to use Google. The case was extremely easy to find. Took all of two seconds. And concealment of community property is concealment of community property whether it is $50,000 or $2,500,000.

 

[gator1]

...And concealment of community property is concealment of community property whether it is $50,000 or $2,500,000.

... And speeding is speeding whether it is 5 mph or 75 mph over the limit

 

[BigMouthWino]

Well I guess you sure told them, didn't you, BigMouthWino?

Now you just go huff on over to another thread, set all of those members straight, insult a dying poster or two, and have another drink. Job well done.

I wasn't the person who brought up the case of the man doing 14 years in jail. I take exception to having my eyeballs assaulted by a lazy Senior Member who can't operate Google and claims something doesn't exist when it does.

Regarding the "dying poster" I did not insult him, I merely suggested to him that his time was better spent outside of bankruptcy court. And based on the posting Hx I doubt death is imminent. But try to stay on topic and keep your complaints about that in the thread where they belong.

... And speeding is speeding whether it is 5 mph or 75 mph over the limit

Yes, my point exactly. Thank you.

 

[quincy]

I actually deleted my post, Joe, but thanks for preserving it.

 

[BigMouthWino]

I actually deleted my post, Joe, but thanks for preserving it.

My name is not Joe, but no problem, happy to help. If you were willing to post it in the first place, you should be prepared to have it quoted.

 

[quincy]

Well, yes, your name is Joe.

And I don't mind the quote.

 

[BigMouthWino]

Well, yes, your name is Joe.

And I don't mind the quote.

Actually it isn't. You got the first letter right but not the name. Most folks around here call me Wino or when they're really mad, "you drunk." I'm glad you don't mind the quote.

 

[cbg]

You're assuming that I care enough about the situation to bother googling. I asked the poster a question and he wasn't concerned enough to answer it. So why should I care enough to google a case that doesn't apply to the situation, referenced by someone with a definite agenda that isn't on point to the sitution either?

 

[stealth2]

Actually it isn't. You got the first letter right but not the name. Most folks around here call me Wino or when they're really mad, "you drunk." I'm glad you don't mind the quote.

Actually, we call you Whiner.

 

[Bali Hai]

I think that the money is long gone. Almost half of it would have been eaten up a federal and state income taxes and it would have been very easy for the rest of it to have been spent over a two year period. However, he could absolutely call the IRS at 1-800-829-1040 and ask for income tax transcripts for the year he believes the money was taken, as well as the year before and the year after.

I honestly however do not find it credible that he did not know that she cashed in the money at the time that she did it. I think that she cashed it in to start her own business, and that he knew that.

It doesn't matter what you think. What matters is that the wife cashed in the account with the intent to keep from OP, what is rightfully OP's part of marital assets in contemplation of divorce.

My ex-wife did the same thing, guess what, the judge credited half that account to my division of marital assets. That's one thing my lawyer did right after my insistance.

 

[Bali Hai]

You're assuming that I care enough about the situation to bother googling. I asked the poster a question and he wasn't concerned enough to answer it. So why should I care enough to google a case that doesn't apply to the situation, referenced by someone with a definite agenda that isn't on point to the sitution either?

You asked a question and you already knew the answer. Set your traps on someone else.

 

[LdiJ]

It doesn't matter what you think. What matters is that the wife cashed in the account with the intent to keep from OP, what is rightfully OP's part of marital assets in contemplation of divorce.

My ex-wife did the same thing, guess what, the judge credited half that account to my division of marital assets. That's one thing my lawyer did right after my insistance.

Actually is does matter Bali, if I am right then it won't work the way that it did in your case. I also find your statement confusing since you have claimed that your ex wife never worked at all, therefore how could she have had a retirement account?

 

[cbg]

Oh, right. Of course I've read the poster's plan document and know what the requirements are.

 

[Bali Hai]

Actually is does matter Bali, if I am right then it won't work the way that it did in your case. I also find your statement confusing since you have claimed that your ex wife never worked at all, therefore how could she have had a retirement account?

It appears you are confusing me with someone else. I have NEVER said that my ex-wife never worked at all. Do a search on my posts.

The truth is that she worked most of the marriage and had a good job when we divorced.

 

[missing50k]

Thank you for all the replies. It took me some time to read them in between my work, since I came to the office this morning. I am not sure the discussed case has much relevance to mine, but what transpired in my case, in a nutshell, is as foolows.

Since the beginning of division of marital assets discussion, I am telling my lawyer she has a 401K and every time she denied having one and finally, the last time we were in court she said to my lawyer that she liquidated the account and the money was gone.

month and a half ago, we had out-of-court settlement conference.I brought it up. She had a computer that she only showed it to my lawyer, where she saw something that the account was actually liquidated in 2008 (her filing for divorce was in June 2010). But I really don't know what she saw. As far as I know, there still is no written document showing how it was liquidated, as in, how it is distributed.

And when it comes to liqudating such an asset w/o my consent, well, it may be one of the two things. Her employer, who provided this fund, did not have too many employees to be required to do it under 401K name. So, I know for a fact that this is NOT a 401K plan. It is something similar and don't know the rules and regulations governing this particular plan. I was (now understanding, intentionally) was kept in total financial darkness. And the second thing that she might have done was to make me sign a document under the guise of filing for taxes or any other kaka-meme scheme. As I previously mentioned, since I was not making any plans for divorce, I never questioned her motives. So I might have been duped. But still, I am yet to see a printed document, showing where that money went.

She complied with discoveries but there are some bank statements, curiously missing from the documents submitted as discovery. An I think, my attorney just wants to get over with the case and is not paying much attention to me. I know I am in a bad place. This is why I am here.

On a slightly tangential topic, I saw this one was asked in the past here, is there anything that I can do in my own power, without spending a fortune, to collect information about her financial affairs, in, say the past 5 years or so ? I do not want to hire a PI and pay thousands of dollars to hear, he or she couldn't find anything. What I am suspecting is, she has some accounts that she is purposefully hiding from me, under some trusts or whatever legality that can be hidden under as well as a safe deposit box to keep cash from tracing.

Thanks again.