Transfer of 401k funds in divorce

[bon4912]

What is the name of your state? Georgia

In my divorce decree it stated that in 30 days my ex husband would have available to me 1/2 of 401k funds but I do not have it nor heard from him. My lawyer was supposed to file a paper for the 401k funds, his office says he has filed the papers but ex husband lawyer was dragging his feet on reviewing the paper that needed to get back to them so they could send it to the judge. Lawyers office claim the paper is with the judge. Now I admit I don't understand all this mumbo, jumbo but my divorce decree stated in 30 days I was to have 40lk funds which would be tranferred to an IRA for me. Is ex husband in contempt of court or is it the lawyer screwing up? What will it take to get funds transferred to my account? Divorce decree granted April 27, 2006.What is the name of your state?

 

[LdiJ]

What is the name of your state? Georgia

In my divorce decree it stated that in 30 days my ex husband would have available to me 1/2 of 401k funds but I do not have it nor heard from him. My lawyer was supposed to file a paper for the 401k funds, his office says he has filed the papers but ex husband lawyer was dragging his feet on reviewing the paper that needed to get back to them so they could send it to the judge. Lawyers office claim the paper is with the judge. Now I admit I don't understand all this mumbo, jumbo but my divorce decree stated in 30 days I was to have 40lk funds which would be tranferred to an IRA for me. Is ex husband in contempt of court or is it the lawyer screwing up? What will it take to get funds transferred to my account? Divorce decree granted April 27, 2006.What is the name of your state?

You need to put pressure on your attorney to get the judge to sign off on the QDRO (the paperwork).

Your ex is technically in contempt, but his defense is that both attorneys are dragging their heals. Make sure that your attorney stops doing that.

 

[bon4912]

Qdro

The lawyers office told me yesterday 6/30/06 that this QDRO was in the judge's hands which may be true/not (lawyer has lied continuously throughout this whole divorce but after paying him upfront I had no money to hire another attorney so I was stuck with him.) The Judge handling case in court of my county where ex and I both live would not deal with lawyer (from another county)of ex husband so his lawyer had to go through Judge in another circuit so my lawyer says the paper is with this Judge, which may be true/not. I call up/show up at this lawyers office but get lies on lies. So it seems I am at the mercy of this lawyer finally getting it done. Pressure has not moved him to act expediently at all.

Anyway if this QDRO is actually in Judge's hands and he signs off what takes place next? Does the QDRO then go to ex's company for transferral of funds?