What can be done when the QDRO is signed and sent to the appropriate financial institution and the funds designated in the Settlement Agreement are not in the account, nor ever were? Settlement Agreement stipulates a 50 split of the 34K in the account. Financial institution says there never has been a 34K balance.

Asked on August 15, 2018 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

How did you get the number of $34K?  The asset should have been verified during the discovery process so if it was not - or if your ex lied about the asset - you need to speak with a lawyer about what to do next.  There are so many issues here: did he dissipate the asset after the automatic stay? If he used it during the marriage then was it for marital purposes?  Should you have been awarded other assets to replace the asste lost to you?  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.