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Family Expert
Family Expert, Lawyer
Category: Family Law
Satisfied Customers: 1291
Experience:  25 Years
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do I need a lawyer to file for a court order to get the ...

Customer Question

do I need a lawyer to file for a court order to get the financial information concerning a 401(k) account my wife has through her employer and that I''m the beneficary of currently and she wants me to sign off on, the information I''m seek is the Plans Benefits, and the total Financial value of the account, This is for a divorce proceeding on going
Submitted: 9 years ago.
Category: Family Law
Expert:  Family Expert replied 9 years ago.

Since this case is already in court as a divorce case you only need a subpoena addressed to the wife's employer requiring them to produce copies of the financial information - go to clerk's office in court and ask for a subpoena to fill out and then get it servedon the cmployer. Also , since your wife is the "Opposing party" in your case, you have the right to send her a written "request for production of documents" and written "interrogatories" asking for copies of the information and her written statement of her financial information. She has to sign her answers to interrogatories under oath.

Getting information like what you want is called "Discovery" and you are entitled to it! Take a look here:




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Customer: replied 9 years ago.
What are interrogatories, and does a notary public count as to someone to has to swear under oath to
Expert:  Family Expert replied 9 years ago.

Interrogatories are written questions, e.g.,

"Please identify and describe all retirement, 401K and similar acounts in your name, give the full name and address of the legal entity holding them and state the full amount of the money or other assets which comppose said accounts."

The person asnwering has to sign under oath, either with a notary pubic or "Signed under the pain and penalties of perjury" preceding the signature.