collecting from a divorce decree

[frichard]

I was married from 1990 until our divorce in 1998. it was ordered that my ex spouse pay 50% of 401(k) and pension benefits at that time. my attorney failed to file a qdro or even inform me of this legality. ex spouse was fired in 2011 and withdrew all monies from company. he had indicated for several years that he would provide some part of retirement benefits to me. I sent a qdro to his company and they could not help me due to him closing his account. is there a way to find out how much I am entitled to. moreover, can I file a suit against him enforcing the order from decree of divorce. additionally do I even have a chance to collect what I am entitled to. I live in Kentucky if that is of any significance.

 

[army judge]

I was married from 1990 until our divorce in 1998. it was ordered that my ex spouse pay 50% of 401(k) and pension benefits at that time. my attorney failed to file a qdro or even inform me of this legality. ex spouse was fired in 2011 and withdrew all monies from company. he had indicated for several years that he would provide some part of retirement benefits to me. I sent a qdro to his company and they could not help me due to him closing his account. is there a way to find out how much I am entitled to. moreover, can I file a suit against him enforcing the order from decree of divorce. additionally do I even have a chance to collect what I am entitled to. I live in Kentucky if that is of any significance.

If you have a remedy, it'll be found in a court room, not the internet.

I suggest you schedule three or four appointments with attorneys on your county.

The initial consultations are often FREE 9so ask if money is an issue), and ask the lawyesr where you stand and what you can do.

I suspect this will be a long, involved, expensive legal battle.

If your EX is now just another unemployed statistic, or has little or no money, and you were to prevail in a court battle; the likelihood of you ever seeing a dollar of the 401K monues is bleak.

Did your EX do anything wrong?

Did your lawyer mess up your case?

What legal remedy exists for you, if any?

How likely is it you can even get an accounting of the 401K's value, now that Mr EX has closed the account?

Those are the types of questions you might pose during your consultations.