MA - Failure to comply with a Qualified Domestic Relations Order

[criticalthinker]

What is the name of your state (only U.S. law)? MA

A QDRO was included as part of a divorce decree. It required that we split our 401Ks 50/50. According to the order no balance of funds was to be moved until after the split was completed.

I followed up with the investment firm to determine if the split was complete. Apparently the ex took all the money out of the 401K and rolled it into a IRA and never filed the documentation to split the funds. The QDRO states the funds were to come from the 401K which is now emptied and closed.

I assume I should file a Motion for Contempt right away. Is that the appropriate course of action at this point or is there something else I should consider? Will the QDRO need to be revised and legally amended? Or is the ex now responsible for transferring the correct amount from the IRA?

 

[mistoffolees]

What is the name of your state (only U.S. law)? MA

A QDRO was included as part of a divorce decree. It required that we split our 401Ks 50/50. According to the order no balance of funds was to be moved until after the split was completed.

I followed up with the investment firm to determine if the split was complete. Apparently the ex took all the money out of the 401K and rolled it into a IRA and never filed the documentation to split the funds. The QDRO states the funds were to come from the 401K which is now emptied and closed.

I assume I should file a Motion for Contempt right away. Is that the appropriate course of action at this point or is there something else I should consider? Will the QDRO need to be revised and legally amended? Or is the ex now responsible for transferring the correct amount from the IRA?

Obviously, you can't rely on your ex to handle things.

File for contempt immediately. If it were me, I'd ask for 100% of the value due to ex's fraud. You probably won't get it, but it doesn't hurt to ask.

 

[criticalthinker]

Hi mistoffolees,

Thank you for the quick response. I appreciate it. May I ask, would a request for the full amount be made as part of the motion for contempt? Or is that part of a separate filing? Not that I care to get more than half, but perhaps it might compel my ex to handle things correctly this time around.