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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I was divorced in 2002, I got half my spouse 401K, but we

Customer Question

I was divorced in 2002, I got half my spouse 401K, but we agreed that we would take a penalty on my portion of the 401k to payoff some community bills. This is all written in my diovce papers. And this is not but we agreed that once the kids were finished with college he would start to pay me back. Now that time has come he said he can't afford to pay half the community bills and half the penalty portion back. Where do I stand, legal???
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

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Expert:  originallawyer replied 1 year ago.


If his agreement to repay you is not in the court order and isn't written down and signed by him anywhere else, then unfortunately, you do not have an enforceable agreement and you can't hold him to it using the power of the law. In order to have an enforceable agreement, it must be written down and signed by the parties, or ordered by a Judge.