Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Dear Lucy, I'm a mother of a disabled little girl

Customer Question
Dear Lucy, Hi, I'm a mother...
Dear Lucy,
Hi, I'm a mother of a disabled little girl who's husband is divorcing me...and I just want you to know that you have been an answer to my "prayer" with your "AWESOME" input on my questions. Thank you so much! :-)
We just signed the final divorce paperwork on Jan 15, 2016. With that said here is another question in my divorce regarding now the QDRO part. (and want you to know that the judge is making me pay back 2 months of my spousal support.- (Dec & Jan)..because he and my ex-husand's (BULLY) lawyer said I should have gotten the final divorce decree signed 2 months ago by Nov. 30th (didn't because my ex husband & I had added some wording to it that we both could not agree on and also lost time due to the Thanksgiving Holiday...and they all know I've been a stay at home mother taking care of my disabled daughter for the past 7 years and do not presently have a job...so it's just awful!!! :-(
Anyway, my ex husband works for Dell and they said I get half of his 401K. (I also want you to know that my ex had around $70,000.00 in his 401K and took a loan out against his 401K for $25,000.00 a few days before the divorce in the amount of $25,000.00 that was deposited into his checking personal account on Oct. 15, 2014 and he filed for divorce, On Oct. 16, 2014 -a day before he filed for divorce. Well like I told you before he has been hiding things from me...so luckily I found paperwork on another retirement account WHICH MIND YOU HE DID NO DISCLOSE AT ALL DURING HIS WRITTEN DISCOVERY ANSWERS until my lawyer told them we had paperwork from a (a 401a called TIAA/CREF - please see attached paperwork) from his previous job ( UCO University) he worked at while we were married (we married in Sept. 26, 2004). And that was also put into my final divorce decree (please refer to number 11. "Division of Personal and Intangible Property" i and ii in the 1-15-16 divorce decree)
Well now my lawyer is telling me that my ex husband and his lawyer want to change the wording the the QDRO regarding the 401a TIAA/CREF retirement or they won't sign the QDRO (please refer to attached email from my exhusband’s lawyer regarding QDRO.
LUCY, I guess my question to you would be please look what I wrote to my lawyer the email attached that I wrote to my lawyer regarding this issue..and explain to me if I am wrong and what I am exactly entitled here and what we can do to find out the amount I'm entitled to in regards ***** ***** retirement accounts. (Also can we subpoena Merrill Lynch to find out if my ex husband has any IRA accounts with them)
Again, thank you for your kind help in this matter and any suggestions you may have for me. Because this is money for me and my disabled child’s future.
Sincerely, a “grateful” mother of a special needs child.
Nadene
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
2/19/2016
Family Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,260
Experience: Attorney with experience in family law.
Verified

Hi Nadene,

Thank you very much for your kind words and for requesting me. I'm afraid I'm about to sign off, and I'm going to be offline most of the weekend. I'm going to open this up to the other experts so you can find someone to give you a timely answer. Have a good evening.

Ask Your Own Family Law Question
Family Lawyer: Lucy, Esq., Lawyer replied 2 years ago

I really thought someone would pick this up over the weekend, but I'm back now. I'm sorry for the delay.

You're not wrong. The court order specifically says that you get 50% of the TIAA/CREF account. If you have proof that it exists, your lawyer should already have it. But either way, they can't refuse to sign. That would be lovely, of course, if people could just refuse to pay attention to court orders - criminals could not go to jail, absentee parents could not pay child support, and the entire court system would be functionally useless. If they won't sign, they're in contempt, and your lawyer can file a motion where you go back to court and stand there staring at your ex-husband until he signs. Because he doesn't have a legal reason NOT to sign, you can also ask the judge to order him to pay your attorney's fees if that happens. The other option is to have your lawyer send him a letter giving him one last chance to sign before you move for contempt + attorney's fees. But once the QDRO accurately reflects the court order (meaning the dates on it are changed), he has to sign it.

Because the order refers to the retirement plans based on type and not where they are housed, you would be able to claim half the money in certain types of Merill Lynch account, so you could subpoena them to find out what accounts there are. That should have been done during the discovery phrase, before the judge entered a ruling.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Family Law Question
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11,875
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Phone call session started
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,260
32,260 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a question about child support, My child's mother
My child's mother recently filed on Friday. Court isn't until July. My child is 4 years old. I have been giving money every month for thr past 4 years and last week I got a DNA test done so she got mad and filed for child suppoty support* … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,777 satisfied customers
The spousal support laws for IRS are changing in 2019. I'm
The spousal support laws for IRS are changing in 2019. I'm wondering if the new law would still be seen as income while renting an apartment or can the landlord deny the apartment based on the IRS tax… read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
Im in a divorce, we haven't had child support or alimony
Im in a divorce, we haven't had child support or alimony payments set yet. If i am living with another woman, can her income be used against me in Louisiana? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
My ex admitted to withholding spousal support for 5 months
My ex admitted to withholding spousal support for 5 months to offset what he claims is an overpayment by him of support. I am wondering what Family Code governs Spousal Support? I like to think he can… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
113 satisfied customers
Mother was receiving child support. Mother moved to va but
Mother was receiving child support. Mother moved to va but son wanted to stay in ny. Son bus picks him up at grandparent during the week sleeps at grandparent and father will keep him on weekends or w… read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
In Idaho, does spousal support end if spouse re-marries? It
In Idaho, does spousal support end if spouse re-marries? It was not specified in divorce decree, we are mid 70's with no kids.… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
My soon to be husband is required to pay spousal support to
My soon to be husband is required to pay spousal support to his ex wife. They were married 18 years and she only worked part time while they were married, by her own choice. She has no restrictions th… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,791 satisfied customers
I'm 62 and been paying spousal support for 13 yrs in Calif..
I'm 62 and been paying spousal support for 13 yrs in Calif.. Can it stop … read more
Jessica B
Jessica B
Juris Doctor
1,083 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
32,260 satisfied customers
If parties can stipulate a modification of spousal support
If parties can stipulate a modification of spousal support retroactively. Both parties sign a stipulation. Will the judge intervene? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
In my divorce papers it says that child support is supposed
In my divorce papers it says that child support is supposed to stop when the child turns 18 but if she goes to college does it still have to be paid?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can my ex wife take me for spousal support? No fault divorce
Can my ex wife take me for spousal support? No fault divorce was final Feb 20th. … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
32,260 satisfied customers
I am seeking a divorce with spousal support I have been
Hi i am seeking a divorce with spousal support I have been marrief for 35 yrs Have never worked for more than 7 months and have no income at present we sre renting and there's no property that i know … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
460 satisfied customers
I filed on this issue "terminating spousal support" as an
I filed on this issue "terminating spousal support" as an exparte. However a trial date has been scheduled, but nothing has been heard. Can I take it in again as an Ex parte and have thejudge rule on … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,791 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Attorney/Member
JD
631 satisfied customers
I have a question about permanent spousal support in
I have a question about permanent spousal support in California. I was married with my ex about 6 years and I received temporary support for last 12 months. Our divorce hasn't finalized yet and it has… read more
socrateaser
socrateaser
1,031 satisfied customers
Questions on setting writing up a spousal support (alimony)
Questions on setting writing up a spousal support (alimony) waiver prior to getting married in Florida … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,791 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x