Crazy BM requests more CS money...back to court we go... Can BM be entitled to any of DH 401K
The Bitch faced slag BM is wanting more CS money....doubt she will get it .... but anyway we are awaiting the request for us to attend court on whatever date....my question is....
At the time of divorce settlement CO 6 years ago, there was no mention of my DH 401K being split up and given to the slag....
Can this be grabbed at now...?
And, if it can....maybe we should grab some - withdraw 60k of it as a down payment on a new principle place of residence rather than apply for a 80% to 100% home loan.
We are trying to sell this place of horrors and were considering waiting for a contract on it here, before we offer on the house of our dreams....but we could use the 401K as decent deposit??? My thought is....less 401K, less the bitch can get - if she is entitled to some....
Anyone have any ideas to this question....
I was under the impression
I was under the impression thedivorce decree was the divorce decree and absent anything underhanded by DH (he concealed the existence of the 401k or whatever) she can sue for whatever she wants, but she is not going to get it.
Maybe consult a lawyer before yo do anything rash. There are hefty penalties to withdrawing a 401k early, you don't want to make a mistake.
Thks Deedee....we have looked
Thks Deedee....we have looked at the penalties....that being said...buying a house in a depressed market like now...should work out in our favour due to the 'hopefully' increased return of investment..i.e. taking from 401k a 40k for house now....should be worth 80k of house in 5 years time....(theoretically) just allows us to purchase a better home in a better more lucritive investment housing area...if you know what I mean....
but....my real concern is; whilst we are still not sure if we shld go ahead or not....the thought that bitch face could make a claim on the 401k in the upcoming court hearing....whinning how she never got anything boo hoo....can she make a claim on it now????
We are off to see a lawyer once the court dates finally come in....so Im just preempting
She can claim anything she
She can claim anything she wants, it is just a matter of if she is going to win or not.
To my understanding, she cant, assuming she knew about the 401k at the time of the divorce and agreed to the divorce decree anyway. Now if DH somehow concealed this account, and she just found out about it now, then she might have a case.
That is my understanding, with the disclaimer I am not a lawyer.
Same here although it was one
Same here although it was one of the few things I did agree with int the divorce decree. I do think BM was a lazy POS but both she and DH agreed she should stay home to take care of the kids. If that was the agreement I don't think one partner should be left without retirement because s/he took care of the kids instead of working. So that is one of the few ways DH rolled over that I kinda agree with, lol.
Yeah...Im starting to worry
Yeah...Im starting to worry too.....so, do you think using some of it so that the balance is now lower is a good Idea.?
No, because if he withdraws
No, because if he withdraws it now to prevent her getting it, the court can order him to pay the amount he spent on the house. Seriously, the court isn't gonna be like, "oh, you just withdrew 100K and spent it on a house two months ago? Ok, no biggie. You don't owe her any of that.". They'll just order you to pay it back.
DeeDee....I been researching
DeeDee....I been researching my little heart out here and according to what I can read thus far, taking it out now is a good thing...but taking it out once the court process has started is not....according to what Ive read, if DH is told bitch face gets a percentage of the 401K being say 30% at the time of payment/retirment then DH takes out 30% - then DH has to pay it back..... But if he takes it out now...before we go to court and its awarded in a percentage basis....and the big question is IF.... then he doesnt have to make it up....
Ill keep researching but the majority of legal sites suggest it may be worth doing....for just in case...and it would assist our cause....
Well like I said I am not a
Well like I said I am not a lawyer this is what I have been told in my situation and others. If you are getting a different answer that is better, that is great.
We live in a community
We live in a community property state. When DH got divorced he had to give BM half of what was accumulated in his 401K during the length of the marriage. They had to hire someone to do some special accounting to figure it out..I think it was covered under a QADRO (not sure what it stands for).
I don't think I'd suggest removing the funds now..you might need to keep the balance intact and argue that the value of the 401k has changed due to the economy, not withdrawals. If she's entitled to some of the funds, it should only be thru the date of the divorce. if it was worth say 1 mil (random number!!)at the time of the divorce and its now worth 500k, you don't want to have to pay her 500k, but half of what its worth now. Hope that made sense.
Yeah that makes sense....but
Yeah that makes sense....but the bitch got 80k already due to the equity that was left in the fn house at the time of their divorce....7 YEARS AGO....as I am now the sole recipient of the 401k should my husband die....(heaven forbid) shouldnt I have some input into how some ex wife who has been paid out quite nicely already, be entitled to OUR RETIREMENT MONEY? NOT HERS...she decided to be a lesbian and live with the woman next door...
sorry Im pissed off....its like 1st crazy wife has all the say....2nd normal wife has no rights????
:?
She was entitled to half the
She was entitled to half the equity in the house. Same as you would be if you divorced him. I don't think she can go after anything 7 years after the divorce decree. She has to show that her lawyer screwed up at the time and/or that she signed under duress in order to throw it out. If he didn't disclose that he had a 401K, then he is in trouble and then she can go after it. But, it is only what the value was at the time of the divorce.
In a community property state
In a community property state (which I am in), are you still entitled to half of the equity in the house even if your name isn't on the house? We live in my fiance's home that he purchased without me, and he has made it perfectly clear that he has no intention of putting my name on the house..... ever. He is also insisting on a prenup. I have no problem with either of these things (and actually prefer keeping things separate since I was the primary bread winner in my first marriage and I was the one who got royally screwed in the divorce), but I am very concerned that he could just throw me out on my ass whenever he chooses and I wouldn't have a leg to stand on.
My DH's 401K issue worked out
My DH's 401K issue worked out pretty well. BEFORE she filed for divorce, he took out a huge loan for lawyers for the divorce. His 401k was frozen on the day that she filed (after he took out the loan) so, she ended up getting WAAAAAYYYYY less than half! It worked out great for him. Of course, we have to pay it back, but still, she didn't get it, so that is just fine with us.
But if the decree has already been signed, I don't know what the rights are. Let us know what you find out if you talk to a lawyer.
This should have been settled
This should have been settled in the Decree. If not, it is usually too late for her to do anything. Only thing that can be changed now is CS and custody. The rest should have been in the decree. If she didn't go after it then, then that is her problem. Don't bring it up now...
This is obviously killing
This is obviously killing you. OP, could you please answer whether it was disclosed or not?
Most lawyers offer a free
Most lawyers offer a free initial consultation. You might want to call. Sometimes they will even give advice over the phone. Especially if it is a specific question like yours: this is the situation...can we withdraw for a house to avoid her getting more?
Find out what is legal and best/worst case scenerios
I guess his ex would be quite
I guess his ex would be quite an idiot to divorce him and assume he had no retirement assets. She WAS married to him.
DH's ex is dumb as a box of rocks, but she knew to go after his retirement. And who cares if the IRS looks at it? That is basic divorce family law 101-almost everyone has a retirement plan.
I am quite sure the fact that
I am quite sure the fact that retirement plans exist and most people have them would be a trigger for an attorney to ASK in a divorce case whether they have one or not. It's not very difficult to understand.
There are some situations
There are some situations where a spouse could have a retirement account and the other spouse didn't know...more traditional relationships where one spouse does all the money stuff (I swear to God, my grandmother had NO IDEA of any kind of financial stuff until after my grandfather died) or relationships in which one spouse is controlling or abusive. Probably not what we're dealing with here, but nevertheless a remote possibility.
Yes, it is extremely
Yes, it is extremely unlikely....but if a bunch of non lawyers can't argue over the minutiae of legal questions on message boards, then what else is the Internet for?
Just because you are
Just because you are obviously jonesing, as usual, for the BD or the SM to be wrong does not make you right.
Unless you have some secret magic ball that predicts the future, this scenario could go either way. And as we do not know if it was disclosed (For God's sake) then maybe it WAS disclosed and she didn't go after it at the time. Have you considered that?
But Agg...if HRNYC says it is
But Agg...if HRNYC says it is true...then it MUST be true...........Right?!?
Of course! I can't imagine
Of course!
I can't imagine what it is like to go through life with such a negative outlook all of the time. Quite sad, really.
If you are so RIGHT
If you are so RIGHT HRNYC....provide LINKS backing you up.
I have also had 401(k)s that only my employer contributed to. It is still reported.
I guess we are dumb, Maux.
I guess we are dumb, Maux. And here I thought it was just in my choice of men..... }:)
Ok, a banker weighing in over
Ok, a banker weighing in over here- I think divorce decrees (in any state) are closed ended judgements, meaning everyone signs off and the deal is done. The only recourse is if one of the parties "hid" assests. And only the super-rich usually can get away w/ that. (offshore accounts, 3rd party real estate etc). Of course your 401k and any pensions are clearly on all your tax documents. I think you're safe Liks.