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Got divorced in California 2015, 50/50 IRA split was ordered. Ex listed the account as a 401k but it was actually an IRA. plus the account number was also not included in the divorce decree. I have been trying to get my ex to get it split but all I get is the run around.
Asked on July 25, 2018 under Family Law, South Carolina
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Your recourse is to pursue contempt of court against your ex. You will need to file with the court an Order to Show Cause for a hearing. Call the court clerk to schedule a hearing. Enter the date, time, and department of the hearing on your Order to Show Cause. Also, file a declaration signed under penalty of perjury stating the facts in support of your contempt of court claim. Also, file any other supporting documents or other evidence. Also, file a proof of service (court form). Prior to filing your documents with the court, ask the court clerk if any additional documents are required for contempt of court because the required documents may vary from state to state.
Mail a copy of your court-filed documents to your ex to give him notice of the hearing. The proof of service verifies the date of mailing.
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