How to I go about getting money that is owed to me by my ex-husband? 11 Answers as of January 15, 2014

I was granted money through the court and my ex-husband has not given it to me. It's almost been a year. I don't have the money to hire an attorney. My ex-husband's company sent a letter stating that the money he told the judge was not the right amount in the 401k. How do I get that money from him?

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Diane l. Berger | Diane L. Berger
You would need to file a contempt procedure.
Answer Applies to: Nebraska
Replied: 1/15/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
file a motion for contempt against your ex.. he either lied to the judge when he gave you the wrong amount or owes the money
Answer Applies to: Michigan
Replied: 1/15/2014
John Russo | John Russo
This sounds like you were awarded a portion of his pension, if thats the case you need an attorney since you will never receive that money unless you follow strict Federal guidelines, state courts can determine if a pension is marital, and what portion you are entitled to, after that federal law takes over, he is not obligated to give you anything, you are required to create the proper vehicles to secure the funds, i.e. QDRO's etc.
Answer Applies to: Rhode Island
Replied: 1/15/2014
Kirby G. Moss PC | Kirby G. Moss
If you were granted a judgment against him, then you can collect as with any judgment i.e. proceedings supplemental etc. If not a judgment and simply part of Marital Settlement Agreement, a contempt would be way to go.
Answer Applies to: Indiana
Replied: 1/15/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
It sounds like you need a QDRO or perhaps the QDRO needs to be modified. An attorney could take his or her fee from your share of the retirement.
Answer Applies to: Idaho
Replied: 1/15/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    File and serve a request for order on your ex to address these issues in court.
    Answer Applies to: California
    Replied: 1/15/2014
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    Are you trying to get money that is currently held in your ex's 401(k) Plan through his employer? If so, then you will need to have a QDRO drafted and entered by the Court and approved by the 401(k) Plan administrator ("QDRO" stands for: "Qualified Domestic Relations Order").
    Answer Applies to: Michigan
    Replied: 1/15/2014
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    File a motion for contempt
    Answer Applies to: Wisconsin
    Replied: 1/15/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    You will need a lawyer and you should file for an enforcement of the order with in two years of the Decree.Unless the money is retirement money. If it is retirement money then a qualified domestic relations order (QDRO) needs to be signed. Your first lawyer should have done this. If it was done incorrectly, then that lawyer should do it again but correctly this time. If the money is non-retirement money, then you could probably hire a lawyer by promising him or her a percentage of the recovery. In such an action attorney fees are also recoverable.
    Answer Applies to: Texas
    Replied: 1/15/2014
    Miller Law Firm
    Miller Law Firm | Karen Barbara Miller
    I would suggest you go to your local court's self help center. They will help you with drafting a motion to determine child support arrearages. Also you need to prepare a QDRO to get your money from his 401k. The self help center would be able to assist you with these legal documents.
    Answer Applies to: California
    Replied: 1/15/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    You would need to file contempt charges if an order from the domestic court is not being followed. The contempt gives the court to enforce their decision.
    Answer Applies to: Ohio
    Replied: 1/15/2014
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