What to do if my parents finalized their divorce over 3 years ago and my mother was supposed to get 1/2 of my father’s 401k and pension but hasn’t?

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What to do if my parents finalized their divorce over 3 years ago and my mother was supposed to get 1/2 of my father’s 401k and pension but hasn’t?

Now, 3 years later, a QDRO was never filed and my dad has spent the 401k money to buy a house. My mother is trying to now get the money because my dad is getting remarried and she “just” noticed that she hasnt gotten her money. He is afraid that he will be arrested for spending the money and will lose his job and house. I was wondering what we can do to legally protect my dad if anything?

Asked on November 4, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggets that your father consult with a family law attorney and work out some modifcation of the exisitng court order that you have written about where he was to pay your mother one half of his 401 k but failed to do so.

Such should be taken care of by way of a stipulation signed by both parents and approved via a court order. certain security needs to be placed in the stipulation to protect your mother's interests as well. She will need to consult with a family law attorney as well.


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