Divorce settlement

[Venita930]

What is the name of your state? North Carolina
My divorce was final on April 5th 2018. I have the judge's order. And it states that my ex-husband had 30 days to turn over the money. Which is coming from a 401k which is his current job and an IRA which is coming from a bank. It's now July and I have not received any money. Can I have him arrested for comtemp of a court order? And what else can I do to get my money?

 

[HRZ]

ITs not clear if the order says to turn over account to you or to deliver funds to you and there may be a big technical difference . Quote, less actual names, the exact language .

No you cannot have him arrested...my suggestion is to make multiple written demands to him that he do X and Y exactly as set forth in order , keep copies . That way you are laying the foundation to show he deliberately failed to follow the court order .

 

[stealth2]

Is a QDRO required? You won't generally just get a check.

And no - you can't just have him arrested. He's not in contempt until a judge finds him to be. You would need to file against him in court. Have you, I dunno, contacted your ex to ask what's going on?

 

[Venita930]

What is an QDRO?

 

[Venita930]

No I know you want just get a check....it has to be rolled over to an IRA account. Which I have setup.

 

[Venita930]

No I haven't filed against him yet...I was seeing if I could. He won't respond to me but he has an attorney and I know they not going to respond. I have an attorney but they r stone walling me. How long does it take for hem to transfer funds? How does it work?

 

[Venita930]

I have contacted the bar association and they are my liaison....

 

[LdiJ]

No I haven't filed against him yet...I was seeing if I could. He won't respond to me but he has an attorney and I know they not going to respond. I have an attorney but they r stone walling me. How long does it take for hem to transfer funds? How does it work?

Normally the way that it works is that YOU have to get a QDRO filled out to get the money from the accounts yourself.

 

[HRZ]

What the order says is a critical starting point and so far we are flying blind ...

 

[stealth2]

QDRO = qualified domestic relations order. You should likely speak with your lawyer about this. Do you owe him money?

 

[Venita930]

No. I don't owe anything to him.my atty keep saying that it's n the process. Now the QDRO has been filed by my atty.

 

[Venita930]

My atty filed it after I set up my IRA account. But I still have seen any results

 

[Venita930]

No. I don't anything to him.

 

[HRZ]

AS an aside, the only results you may see is confirmation that you own the specified accounts and the sums in them....please be very careful not to rush to cash out the accounts wo first a careful understanding of tax impact if it's early distribution....may be a nasty tax bite ...

 

[stealth2]

No. I don't anything to him.

Just to clarify.... The "him" I was speaking of was your lawyer.