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Enforcing a Divorce decree

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tjlmom3

New member
Pennsylvania - I don't have a lawyer and can't afford one... I have a divorce decree that states how my ex-husbands 401k plan is to be distributed.. the account needs to be valued through an appraiser.... the divorce was finalized a year ago... he has yet to submit the paperwork to have it valued... there's always another excuse why it's not done. I'm sure there's a form I can file to enforce the agreement...what form would that be in PA?
 


Zigner

Senior Member, Non-Attorney
There's not a form for everything...
You will need to go back to court with a contempt motion. I would suggest that you do your best to get an attorney's help with this since you wouldn't know if the paperwork is correct even if he does do it, nor could you be sure the valuation is correct.
 

tjlmom3

New member
There's not a form for everything...
You will need to go back to court with a contempt motion. I would suggest that you do your best to get an attorney's help with this since you wouldn't know if the paperwork is correct even if he does do it, nor could you be sure the valuation is correct.
it's stated that the 401k has to be valued through appraiser...he's just not sending the paperwork ...because of the length of the separation the account has to be valued over a long period of time to determine how it's to be divided...it's supposed to go to an appraiser.... all he has to do is send the account statements...is there any way that I can get the statements sent to the appraiser? or do I have to wait for him?
 

Zigner

Senior Member, Non-Attorney
it's stated that the 401k has to be valued through appraiser...he's just not sending the paperwork ...because of the length of the separation the account has to be valued over a long period of time to determine how it's to be divided...it's supposed to go to an appraiser.... all he has to do is send the account statements...is there any way that I can get the statements sent to the appraiser? or do I have to wait for him?
All of your options would need to take place through the courts if he refused to do it. You will need to file a contempt motion.
 

adjusterjack

Senior Member
I have a divorce decree that states how my ex-husbands 401k plan is to be distributed.. the account needs to be valued through an appraiser....
That doesn't make any sense. The value of a 401(k) plan is how much money is in it on the date of your divorce or some other specified date less any money that was in it before you got married, both of which you can get from the employer or custodian of the account with a subpoena if the ex won't cooperate.

Once the amount was determined a Qualified Domestic Relations Order is drafted, signed by the judge and served on the employer or custodian of the account. Then the account is divided in two and a separate account created for the non-employee which can then be rolled over into a private IRA.

That could all have been done at the same time as the decree.

because of the length of the separation the account has to be valued over a long period of time to determine how it's to be divided...it's supposed to go to an appraiser....
Still doesn't make sense that an appraiser is needed. Does your divorce decree specify what date the 401(k) division was to be valued at?

all he has to do is send the account statements...is there any way that I can get the statements sent to the appraiser? or do I have to wait for him?
If he's not complying with the decree, you seek to have the court compel him to do so.
 

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