Is this a case for small claims court??

[telleki]

I divorced four years ago and was awarded money from ex's 401k in the decree. Since it's only $1000, could I take him to small claims court to collect? Thanks in advance.

 

[JETX]

You shouldn't need to refile. If this was a part of the original family court order, you should send the 'ex' a letter (certified RRR) demanding payment of the funds per the court order. If he still doesn't pay, you can file in the original court for a contempt order to force him to pay.
Might not be cheaper, but it has a LOT more 'teeth' and you don't have to re-argue the case.

 

[I AM ALWAYS LIABLE]

My response:

Just a little burp in the above "suggestion" by my very good friend, Steve Halket - - -

Unless our writer prepares and submits her form for a "Qualified Domestic Relations Order" (QDRO), and submits the same to the 401K Plan Administrator, there's not a court on this earth that will help our writer.

If she follows the rules, and she fills out the forms correctly, and she still gets no satisfaction, THEN she can go to court. That's the only way things are going to happen.

IAAL

 

[JETX]

Sorry, you are correct. I had assumed that our poster had already validated her claim with the 401K administrator.

 

[I AM ALWAYS LIABLE]

My response:

Hey Steve, as an aside, and having nothing to do with the above posts, I was wondering if you knew whether or not your "post counter" is working. As of your above writing, yours only shows 3159.

Now, I realize I've been on the boards longer than you by about 6 months, but jeez, it seems to me that in the year and a half you've been here, and with what appears to be a prolific amount of writing by you, one would think that you'd have a much larger "count".

Compared to my over 11,000 posts, and only 6 months more time on the boards than you, it doesn't make sense to me that there would be such a disparity between yours and my "count". Do you have an explanation for this ? Or is it that the real quantity of your writing is merely a mirage for what seems to be much more writing ?

Good to talk with you, mi amigo.

IAAL

 

[JETX]

I think that Mary takes ALL the posts home every night and reads them. She then 'divees' out post counters based on total number of words used and the 'assumed value' of the reply given....
<grin>

Seriously, I really hadn't noticed the count on my posts... damn, now you have given me something ELSE to worry about!@!!

This should be 3168.

 

[JETX]

3169.

 

[JETX]

3170.....

 

[telleki]

Halket and Liable

Thanks very much for the advice. Another problem is that there is no specified date when this has to be paid. It was a doit yourself divorce and I wasn't thinking clearly when I signed, so needless to say, this isn't the only problem I'm having. I would at least like to get the money he owes. Is there any chance I can get it with no date on the decree? Thanks again for the help.

 

[JETX]

Lets see if I have this straight....
You have a 'do-it-yourself' divorce decree that MIGHT give you rights to the 401K, but it isn't dated and we have NO idea what else might be missing nor if the DIY divorce is valid.....
I would suggest you spend a little money and have an attorney review your documents to see what you ACTUALLY have. Heck, you might even still be married!!!

 

[telleki]

Well you have it partially straight. No, I did not hire an attorney to represent me when I divorced. It isn't all that uncommon for divorcing couples with no children to go that route. We're talking $100 vs $3000 (at least, and I didn't have it). The goal was to get divorced, and I am indeed divorced. I don't think not including a date when he has to pay the money by would render the entire divorce invalid. The other problem is of the same nature and not mentioned specifically because it is even more minor than this 401k thing. So I have no regrets. If I don't get what he owes, I will still be satisfied just knowing that I saved $2900. Thanks so much for your comments, I really appreciate them. Have a great day.

 

[JETX]

Earlier, you said, "Is there any chance I can get it with no date on the decree?"

That statement (no date) is what prompted my response about the questions of the divorce validity.

Now, you clarify that there apparently was a date "on the decree", just not a specified date of payment of the portion pertaining to the 401K dispursement!! That is COMPLETELY different!!

In any case, our earlier suggestions still stand:
1) You can take him to Small Claims court.
2) You can try to enforce in the original Family Court by an Order to Compel or Motion for Contempt.

 

[telleki]

Please accept my apologies. It was wrong of me to expect you to associate 'with no date' at the end of my post with the second line that reads 'Another problem is that there is no specified date when this has to be paid.'

One last time, a sincere thanks to you and Liable for your help. You've been a big help to me.

 

[vrzirn]

If you ever do get the money you might want to have it put immediately into a roll-over IRA. Do not touch the money. Then you will not have to pay taxes on the withdrawal. You can do this one time after a divorce. Been there, done that.