divorce judgements

[faithnlve]

What is the name of your state? vt...how many years is a divorce judgement good for when it comes to collecting money? For instance....half of a 401k, and being told to pay 2300.00 for expenses due the spouse for bills? Just wondering if I can still go for the amounts due me even though its been 7 to 10 years. thanks

 

[Zephyr]

was there a deadline specified in the decree by which the money was to be paid?

 

[LdiJ]

was there a deadline specified in the decree by which the money was to be paid?

Even if there wasn't a deadline she could still probably file for contempt at this point.

 

[Zephyr]

Even if there wasn't a deadline she could still probably file for contempt at this point.

very true...I'm thinking the judge won't be pleased his order was ignored....

 

[faithnlve]

there was no deadline, but the divorce was back in 1996. And, he is no longer at the company, I am assuming he rolled the 401k over or cashed it in.

 

[Ohiogal]

there was no deadline, but the divorce was back in 1996. And, he is no longer at the company, I am assuming he rolled the 401k over or cashed it in.

Was there a QDRO?

 

[faithnlve]

Was there a QDRO?

Ok, this is where I am naive. QDRO? All I know is that my divorce order stated that I was to receive 50% of my ex's 401k. I thought it was his responsibility to follow through. When he left his job for another I thought I lost out automatically, since he told me he had nothing invested. He always did lie to me. Anyways, through the years I learned differently, but thought it was too late. And now it has been 10.5 years and thought oh well, he fooled me again. Most court judgements or lawsuits have a 3 to 6 year time limit. So, can I still get that 50% or did he win this one too? Thanks Faith

 

[LdiJ]

Ok, this is where I am naive. QDRO? All I know is that my divorce order stated that I was to receive 50% of my ex's 401k. I thought it was his responsibility to follow through. When he left his job for another I thought I lost out automatically, since he told me he had nothing invested. He always did lie to me. Anyways, through the years I learned differently, but thought it was too late. And now it has been 10.5 years and thought oh well, he fooled me again. Most court judgements or lawsuits have a 3 to 6 year time limit. So, can I still get that 50% or did he win this one too? Thanks Faith

I think that the term you meant was "vested" rather than invested. If he did not contribute to the 401k himself, but only had employer contributions, and he was not with the company long enough to be vested at all, then you might have lost out...however in that case he would have lost out as well. However generally someone has at least partial vesting fairly early in their employment.

 

[nextwife]

Although ten years ago, I seem to rememberr that vesting in employer paid contributions TOOK longer. I get my vesting on employer match IMMMEDIATELY, but the company I worked for back about 13 years ago required, three or five years, for vesting ( I know it was years).

 

[Ohiogal]

Ok, this is where I am naive. QDRO? All I know is that my divorce order stated that I was to receive 50% of my ex's 401k. I thought it was his responsibility to follow through. When he left his job for another I thought I lost out automatically, since he told me he had nothing invested. He always did lie to me. Anyways, through the years I learned differently, but thought it was too late. And now it has been 10.5 years and thought oh well, he fooled me again. Most court judgements or lawsuits have a 3 to 6 year time limit. So, can I still get that 50% or did he win this one too? Thanks Faith

If there was a QDRO it would have been set up to pay you at retirement age your portion of the 401k. You need to find out if there is a QDRO -- a Qualified Domestic Relations Order.

 

[Zephyr]

just tossing this question out there- if OP was awarded half of the 401k at the time of divorce, and the account had 10k in it, she was supposed to be paid 5k, could she not sue him for the 5k that the court awarded her, regardless of her ex's later decision that caused him to lose the account?

 

[Ohiogal]

just tossing this question out there- if OP was awarded half of the 401k at the time of divorce, and the account had 10k in it, she was supposed to be paid 5k, could she not sue him for the 5k that the court awarded her, regardless of her ex's later decision that caused him to lose the account?

What action? Not being vested and changing jobs?

 

[nextwife]

What action? Not being vested and changing jobs?

While she's filing for phantom money that doesn't exist, maybe he should file for half the 401K SHE didn't have because of her work situation?

 

[Zephyr]

What action? Not being vested and changing jobs?

yes- if changing jobs caused him to lose money that he owed to her....like I said- just throwing this out there


maybe I just don't have a good grasp of retirement plans, my company contributes and it's mine immediately....

 

[Zephyr]

While she's filing for phantom money that doesn't exist, maybe he should file for half the 401K SHE didn't have because of her work situation?

but that's a different issue isn't it- the judge already determined there was money, and she was entitled to half of it.....