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I think my name has been forged because he's been caught lying on some other financial related documents. Also during the time he took the distributions, we were behind on all of our bills including our mortgage. He was issued the check in the amount of $5,300.00 If he had that kind of money,he never used it to pay on the bills. Lastly, a lot of emloyers that I know of when one is married, when you have a 401K retirement, even if it belongs to you, you have to have spousal disclousre...not necessarily approval...that the other spouse is aware that the money is being distributed, thus a tax penalty will occur. Some placed DO NOT even let you take the money out unless there are 2 signatures. Percisely for the reason this happened to me I suppose. Unfortuneately my husband got the taxes done and only faxed me the last page for signature. I never saw the entire tax return from the accountant, until I got home and my signature was already on the document. If he signed my name on a possbile spousal disclosure form to get the $$$$ then I would think that's illegal. Your thoughts?
But if I made the allegation of forgery, wouldn't that be a criminal matter? If the plan admin says, "no you did not need to be informed" then I wouldn't I have waisted the court's time? Which brings me to another point in this matter, how do I get the employer to give me info on what requirements are needed for an early distribution? By the way, the divorce papers already say he has to pay taxes from an earlier outstanding debt. I'm trying to build a case that if I signed the tax return under false pretenses, I could get him prosecuted or qualify for the innocent spouse provision. As it stands today, I don't qualify for the innocent spouse. If he committed forgery, maybe the IRS would reconsider. The key for me is to get the employer to tell me if indeed my signature was required. The whole game changes if that was a requirement bcuz I never signed a document. Your thoughts?