If kI was awarded my ex’s 401 in divorce, how can I get it?

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If kI was awarded my ex’s 401 in divorce, how can I get it?

In the divorce settlement, I was awarded the content of my ex’s 401, with a dollar amount specified. I have reason to believe he has withdrawn the funds as so I can’t get it now. Can I press charges? Since it was over 5k, is this considered a felony? What are the steps I need to take? Something was mentioned to me about QDRO, which I have paid for but how could he have been able to get the funds if I was the one who was to supposed to get it? How much trouble is he in for going against a court order??

Asked on November 12, 2011 under Family Law, Michigan

Answers:

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

Answered 9 years ago | Contributor

I am so sorry.  A QDRO is a Qualified Domestic Relations Order, which is paperwork that is to be prepared and signed by the court and then served on the administrator of the 401(k) so that what you think happened here does NOT happen at all.  Was the QDRO prepared, signed and submitted?  You need to find that out.  Further, you need to find out when he withdrew the funds.  If he is in violation of the settlement agreement and thus the court's order then he can be held in contempt.  You may also have to go to court to enforce the agreement or ask the court to modify the agreement if he has dissipated the asset.  As for the criminal aspect, please speak with an attorney there on that and if it is worth adding it to the pot.  Sometimes the prosecutors stay away from those type of "crimes."   Good luck.


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