QDRO

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

Answers:

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.


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