Womans Divorce Forum

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Womans Divorce Forum
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Re: divorce settlement

He is going to recieve a settlement from your retirement account and he is to pay you? Is this the correct statement. If so, get a copy of your divorce settlement to your retirement holder immediately so than they can freeze the retirement fund and only issue them in both of your names, you do not want him getting the money in his name only, he may not share. You will then need to get a court ordered QUATRO, I am not sure if you can file this yourself or not, you will need to search your state legal libraries to find out. It may pay to contact an attorney just to get the QUATRO filed. Once the Quatro is filed then the funds will be distributed as ordered in the divorce decree.
If the decree states that he will get a certain amount of the retirement funds and does not state that you get a certian amount of the retirement funds, only that he will pay you money, not stated that it is related to the retirement account you will have to trust that he will pay you, he then would be the one and only person filing a QUAATRO and there would be no reason for you to get them your decree as you are not entitled, legally to any retirement funds unless it is clearly stated from the retirement account in quesiton.
He can file a QUATRO very easily and have the funds distribtued within only a few days or weeks depending on the compnay serivcing the retirment account.

Re: divorce settlement

we both had QRDO's, is that the same as what you have described?
i have been assigned a certain amount of his retirement, which i hope i will be getting soon, monthly. it has been assigned to me but have not started to receive it yet.
but it is entirely up to him to split the 401k funds that he was given out of my retirement. it was ordered and adjudged that he give me this in the divorce papers, immediately, but i know him after 23 years and feel that he won't do this.
my main question is can i file a complaint without an attorney? i have already spent so much money on this divorce. can i go to the courthouse where the divorce was granted and just file paperwork? and, how long do i wait?
thank you

Re: divorce settlement

Since it is in the divorce papers you can file a motion for contempt charges, yes you can file anything an attorney can file and represent yourself in court just make sure you know how to file and the legalitites of it. In my state you can not file contempt charges without first serving the motion for contempt on him, then the court will schedule the hearing.
If your decree says immediately I would think that this woudl mean within the next working week. Keep in mind just because it is in the divorce papers does not mean the ocurt will find him in contempt, the first, second or third time you take him to court, but eventually they will say enough is enough...normally contempt the first few times is just a slap on the wrist and they are told to comply.

Re: divorce settlement

THANK YOU so much for your help. it's been almost 3 weeks now since the 401k has been set up for him. i will go to the courthouse this friday if i haven't heard anything.

THANK YOU AGAIN!!! this has been such a draining, long process, i'm pretty much broke and just getting by and i owe, i owe, i owe!