What can I do if my ex-husband did not comply with the divorce agreement? 14 Answers as of July 06, 2015

My ex-husband was ordered to give me his 401k and purchase a new car for me. Divorce was final 6/29/14. His 401k is tagged to pay my legal fees. What do I do? I fired my attorney for not being able to do anything.

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Most likely a QDRO was necessary to transfer the 401K(although he might have agreed to withdraw the money and pay you out(depends upon the agreement). If a QDRO is necessary, there are pension appraisers who will draft the QDRO. If he is not doing what he should, you may have to file an Order to Show Cause to enforce your rights which is so much easier if you are represented by an attorney. Most likely, you should have an attorney review the agreement and divorce decree to make sure what ever you do is done right, part of a consultation. If you wish, you may contact my office at 516-829-2940 to set up a consultation; I do charge a consultation fee of $100; if I am retained at the time of the consultation, the consultation fee is included in the retainer.
Answer Applies to: New York
Replied: 7/6/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You have to file a contempt regarding the order. You need to show that he has the ability to comply and his refusal is willful. Consult with a new family law attorney, since you fired yours.
Answer Applies to: California
Replied: 7/3/2015
John Russo | John Russo
He can't just give you his 401k, does not work that way something missing here in your story, in any event if you had been awarded any portion of his retirement account that can only be accomplished via a QDRO, states courts can determine if a pension account is a martial asset, the rules for division and disbursement are governed by Federal Law.
Answer Applies to: Rhode Island
Replied: 7/3/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You should return to court on a request for order for enforcement of this judgment.
Answer Applies to: California
Replied: 7/3/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Most likely you need a QDRO to transfer the 401(k) to you. The decree or property settlement agreement should have listed who was to do it. If your husband failed to cooperate with the transfer, you can go to court on a motion to compel.
Answer Applies to: Washington
Replied: 7/3/2015
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