His attorney still hasn't finished

iVillage Member
Registered: 09-03-2004
His attorney still hasn't finished
4
Tue, 04-05-2005 - 8:46pm
Hi all
Thought maybe someone might have a similar experience they could share with me. My xh's attorney hasn't finished the paper work that transfers half of his 401K and his pension to me as well as the quit claim deed to my property I was awarded in the divorce settlement. The divorce was final on the 20th of January!!! Do you think they they are trying something tricky or that maybe she is just incompetent?
I tried to talk to xh - but he says that I should just call his attorney. So I did, every day for a solid week!! Then my attorney calls me and tells me that I shouldn't be doing that!! WELL........... I told him I'm tired of waiting, I worried that he spent it or has it hidden or something!
She finally called me back over a week ago and said that she would have it in the mail by the end of the week? Yeah, right. Another week has gone by and still nothing. In the divorce it says that he had 60 days to settle up. I told him that he is in contempt and that I could drag him back to court if he didn't get this paper work done!!!
So anybody have experience with this or some words of advice?
I'm getting real worried that all that money has disappeared, and that he sold the property out from under me.
Help!
e
iVillage Member
Registered: 04-05-2005
Wed, 04-06-2005 - 12:11am
It is probably not the fault of either you attorney or your ex-husbands. The financial institution that holds the 401K will sometimes have a waiting period once they receive the paperwork. Also, they must recieve paperwork from both your attorney and your ex-husband's attorney seperately. As long as your ex has already signed the paperwork you cannot take him back to court. Your percentage of the 401K will most likely be "rolled over" into a seperate account in your name. If you choose to withdrawl the funds from it you will also have to pay the penalty for early withdrawl. Best to leave it invested if you can afford it.
iVillage Member
Registered: 03-19-2003
Wed, 04-06-2005 - 10:16am

You CAN take him back to court for contempt if you don't get results as agreed (and the attorney's should be familiar with wait periods for dividing 401K's, etc.)


Is it possible to contact his 401K broker to see if the request has been made and if they are making progress on that?


Basically..... if he doesn't do what he agreed to (like if he did sell something), he'll be in deep doo, and will still owe you the value of what was awarded.


However, I would refrain from contacting his attorney directly.


Karen ~ wildlucky4me ~

iVillage Member
Registered: 04-14-2003
Wed, 04-06-2005 - 1:55pm
Can you contact the city recorder and find out about the deed to the house? They should have a record of all transactions to see if the Quit Claim was even filed. Don't give up!!
iVillage Member
Registered: 09-03-2004
Tue, 04-12-2005 - 8:47pm
Thanks everyone for all the really good advice. I actually heard from my attorney and have an appointment with him to look over and sign the papers, deeds, etc..
Now if I could just get xh to quit whinning over every penny. I sent him all the receipts for sons wisdom teeth extraction and xh crys over having to pay taxes on accounts that only his ss# was on that had to be split.
I caved and told him that I would eat this one medical bill if he paid the tax penalty (capitol gains) on the mutual fund. I should have asked about the taxes I had to pay since he refused to split the deductables. AGhhhhhhhhh.... He makes me so angry still that I have trouble staying cool. But I swore to myself that I will not cave again and any and all bills that he still owes, he will pay himself.
Thinking about emailing him and mentioning all the money I paid to keep his daughter in college for last two years, cause he refused to help her since she wouldn't go to the community college like he demanded. Or how it cost me an extra grand to redo my mortgage cause he promised me a settlement check in time for the closing and then just couldn't possible get to the bank in time!!!!!!
But no - then we are back to square one and it wouldn't matter, cause he just dosen't get it anyway. But it does help to vent here.
Again thanks,
e