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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have been divorced for 10 yr. Part of the settlement was

Resolved Question:

I have been divorced for 10 yr. Part of the settlement was $70,000 from an IRA. The courts say I can get my money when my ex retires. How can I get it sooner? Kids are going to college soon! The judge says he won't ask my ex to have to take a penalty for early withdrawal.
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

You will want to file a Motion for Clarification asking the court to clarify whether you can access the IRA money for the necessity of a college education.

A motion for clarification is necessary when the written court order is confusing or does not address a specific issue. In this case you will be asking the judge to determine what action should be taken regarding the IRA when there is a clear and unforeseen need to access the money for your children's education.You will be asking the Court to issue an order supplementing the original order that clarifies the rights and obligations of both you and your former husband in regard to the IRA.

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Do not click relist as it will delay my response.
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