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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2156
Experience:  Divorce, custody and child support attorney.
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how can i get money awared to me from his 401 without a la

Customer Question

how can i get money awared to me from his 401 without a layer
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 4 years ago.
Chat Conversation Started
Lawyer Lori :

Can you tell me why you think you are entitled to part of his 401k? Is this as part of a divorce? If it is can you tell me what is the status of the divorce?

Customer :

yes it was part of the divorce and was said i was to get it right away my divorcehas been over with for about 4 yrs now and i dont no how i can get it

Customer :

are you there

Lawyer Lori :

I'm here. Was helping someone else.

Lawyer Lori :

During your divorce were you represented by an attorney? How about your husband?

Customer :

yes i was and so was he but my layer is no longer here

Lawyer Lori :

An award of a portion of the 401k can only be completed through what is called a qualified domestic relation order also known as a QDRO. This is typically drafted by your attorney or his if you don't have one. There may be other options available. Why is your attorney no longer here? Can you contact him to have the form drafted?

Lawyer Lori :

If you cannot or do not want to have an attorney draft the QDRO. You will need to find out from the workplace what financial institution handles the 401k. You would then send them a letter, including your huband's name, social security number and place of employment along with a copy of your divorce decree showing that the account should be divided. Then you will ask them if they have a form QDRO which they can send you. Using that form and their instructions, you can complete the form, send a copy to your husband and then have the judge sign off on it. Once signed by the judge, you will need to send it to the financial institution and have them divide the account.

Lawyer Lori :

This process could take several months. Depending on the size of his 401k, you may be much better off retaining an attorney. The cost should be around $500-750 to have the form drafted and the funds transferred to you.

Customer :

no he got into trouble with partner something about unlawful use of money or something they was bared or cannt pratice law any more

Lawyer Lori :

I would appreciate your accepting my answer. We can then continue our conversation with any followup questions you may have.

Customer :

so ther is no paper i can fill out on my own ?its only $8.000but its a lot to me

Lawyer Lori :

You can try to obtain a form from the financial institution, and follow the above directions.

Customer :

ok thanks

Lawyer Lori :

You're welcome. Please accept my answer so that I get credit. Good luck.

Customer :

i stiill thank there is something more. why cannt the place he works for send this paper in or have this QDRO i can get. his work place isnt going to give me any info a bout him i use to work for same place

Lawyer Lori :

A QDRO is a legal document which requires the financial institution to provide information and to divide the account. If you cannot get information as to who the financial institution is, you will need to file a motion to adjudge him in contempt for not getting you the information. This is not something you can force his workplace to provide you. Since you used to work for the same place, do you have any information as to their 401k plans.

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Lawyer Lori
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Divorce, custody and child support attorney.