HelloMy ex and I divorced. It was final on June 1st. 2012. The division of her 401k and ESOP Employee Stock Option Plan was to be divided evenly. I hand delivered the required paper work to her attorney's office on May the 4th 2012. I received an email from her attorney June the 6th, saying that he had not received the distribution paper work. I wrote back to tell him that I long since delivered it to his office. He apparently found the paper work and submitted it to the holding company and her employer.I have not been able to get any information from her attorney since.They will not tell me what my share of each one would be. Where in the process we are, or anything that may help me plan for the future. Her attorney will not return my calls. I do not have an attorney representing me concerning this matter. I have been in contact with the holding company that handles her 401k a month ago. At that time they knew and had heard nothing. Her attorney would not release a $10,000 check payable to me no more than 30 days from the date of the settlement conference for a partial payment of spousal support until I signed the attachment P to Judgment. I did not agree to any such thing in the settlement. I know now that was not legal for him to do. 1)What are my rights at this point?2) May I contact the person at her place of employment who handles these matters?3) Should I, may I contact the courts?I do have the family law self help center as a resource.
I have called her attorney.
I have contacted the holding company.
I can tell you that on these payouts, the process itself can take 6-9 months because once her attorney submits paperwork then the attorney for the plan and stock options must review the paperwork and if that attorney wants changes to the documentation submitted it will have to be sent back to her attorney for those changes -- and the documents typically require the judge to sign them also --but because you have not been represented by a lawyer the plan and all of the lawyers involved should be sending you copies of what they have been doing. If you have heard nothing then it is a good bet that the lawyer has not submitted anything to the plan. Under these circumstances I have some suggestions for you:
1. First, write a letter to her lawyer and enclose copies of the paperwork that you had previously delivered to his office. Tell him that you expected that this paperwork would have been submitted to her plan by this time but because you have not heard anything, you are assuming that nothing has been submitted and you are enclosing another copy of the paperwork to be sure he has it. Tell him that because you do not have an attorney you expect that his office will "cc" you on copies of the letters that will accompany or have accompanied the document submissions and that you should receive copies of all documentation going forward "just as if you were sending copies of documents to an opposing attorney -- because I am not represented by counsel I have the right to copies of these documents as if I were being represented by counsel and I expect that I will receive such copies within a few days of any submissions being made by your offices to the 401k or ESOP plans. Obviously, I realize that you cannot send copies of anything that is attorney / client privileged, however, sending copies of cover letters for any changes requested to the documents or anything that is administrative or mechanical in nature is not difficult and would be much appreciated by me so I will know at what stage the process is in. While I do realize these things take several months to finalize and distribute funds, I do have a right to know what steps are being taken to finish this up and where things stand in the process/progress of such items." Also tell him that if you hear nothing regarding the status of the paperwork submissions and/or plan payouts within 30 days of the date of the letter to him, you will file a motion with the court to compel the finalization of these matters. Send the letter via certified mail and via regular mail with proof of mailing (you can purchase the proof of mailing for 80 cents at the post office). Sending the same letter two ways insures that if he does not sign for the certified letter that he will have received the letter in the regular US mail.
2. If you get no response or the lawyer responds and you still do not know anything, then you should file a motion with the court to compel your ex wife to move forward with partitioning these plans so that you can get your portion as soon as possible. In your motion you should ask the court that because you are not represented by a lawyer that her lawyer be compelled to copy you with anything that he sends out to the plan(s) so that you will know that the matter is progressing and being taken care of. I see no reason why the court would not grant your motion to compel and receive copies of these items -- particularly if you write a letter to the lawyer requesting information and to be copied on these matters and you get no valid response from him and then you attach the letter and copies of proof of mailing to the motion so you are showing the court that you have already tried to communicate with the other side to no avail.
3. Regarding you speaking with the ex's plan sponsors / holding company -- there is no law that states that they cannot speak with you but they simply may not do so because it is not their policy to do so. If these matters go so far as you filing a motion to compel, -- in addition to asking for copies of letters from her atty showing that the matters are moving along, you can also ask the judge for an order that the holding companies are permitted to talk directly to you regarding your portion of the money and the payout dates and if there is anything else that you need to do in order to facilitate the payout.
I hope this helps. Please let me know if you have any questions.
Researcher, Lawyer, Cook
My ex-wife and I owe on our 2011 joint tax return. I foolishly agreed to filing jointly, not realizing that she made substantially more money and I would be on the hook for half of what was owed.
Can or will she and her attorney try to have any of those or other monies owed deducted from the settlement funds?
I will accept your answer.
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My apologies for taking so long to get back to you, I was side tracked.
You advise will be very helpful. I hope I may look to you again if necessary.