|
|
Joined: Jul 2005
Posts: 1,257
Member
|
|
Member
Joined: Jul 2005
Posts: 1,257 |
WH filed for divorce in April 05. All the paperwork is signed and ready to go as soon as there is a settlement on his 401K. He doesn't want me to have the 50% by law that I'm entitled to. He is dragging his feet and says he still owes his attorney money blah blah blah. My attorney won't push the issue for unknown reasons. My question is this...Can I take him to small claims court to get it settlement finished? Don't ask me to hire a new attorney...I can't and won't do it. Any positive suggestions within reason would be greatly appreciated. We live in Pennsylvania if that helps any.
Thanks a bunch!
Alluring
Me, 43
DS18, DD12
Divorce final May 10, 2007
|
|
|
|
|
Joined: Oct 2006
Posts: 192
Member
|
|
Member
Joined: Oct 2006
Posts: 192 |
Green eyes- Is that 50% of its present value or the value at the time of his retirment? johoman
|
|
|
|
|
Joined: Jul 2003
Posts: 1,195
Member
|
|
Member
Joined: Jul 2003
Posts: 1,195 |
Do you have a legal aid system in PA that you can call to find out what your options are?
I don't have the answers, but I do know here in MN when you file, they establish court dates and you have to be there. Wasn't there a court date set?
Waiting for dawn...
...but not afraid of the dark.
DDay: Sept 26, 2004
Moved out: Dec 16, 2004
D Final: Oct 10, 2006
|
|
|
|
|
Joined: Jul 2005
Posts: 1,257
Member
|
|
Member
Joined: Jul 2005
Posts: 1,257 |
JoHo...50% at present value
Deja Vu...I'll call our version of legal aid tomorrow to see what they have to say. No there has not been a date for division of property. The last and only date we have had is for custody which I won.
Thanks for your input!
Me, 43
DS18, DD12
Divorce final May 10, 2007
|
|
|
|
|
Joined: Oct 2006
Posts: 192
Member
|
|
Member
Joined: Oct 2006
Posts: 192 |
Green eyes-- The law says you are entitled to 50% of his 401K? How long has he had it? It seems you have been married a little over 10 years. Did he have that 401K since he started working? It looks like he is about 42? Did you work? Do you have an 401K? Sometimes divorce law seems very unfair.
johoman
|
|
|
|
|
Joined: Jul 2005
Posts: 1,257
Member
|
|
Member
Joined: Jul 2005
Posts: 1,257 |
Yes 50%
He's had it approximately 6 or 7 years.
I was a stay at home mom until last December when I started my career.
No I don't have a 401K yet.
I spoke with my attorney's secretary this morning and even though I didn't file for the divorce and it seems he is dragging his feet my attorney is going to request for the courts to make the final decision so it can be done and over with once and for all. So hopefully by the end of the year I'll have the dark cloud looming above my head finally gone. LOL
Me, 43
DS18, DD12
Divorce final May 10, 2007
|
|
|
|
|
Joined: Oct 2006
Posts: 192
Member
|
|
Member
Joined: Oct 2006
Posts: 192 |
Green eyes-- That seems fair to me. A stay at home Mom (or Dad) contributes just as much as some one working outside. I had visions of you having your own 401K and wanting half of his and to me that would be just plain greedy. Your situation is only fair. My wife and I each worked at the same type of job and have the same amount of 401K's, IRA's etc. Neither one of us would be entilted to any of the others and that is the way it should be. We had no bio kids and both worked full time. I imagine if you get 1/2 of his it would immediatlhy need to go into a IRA or 401K of your own or the government will take most of it. Good Luck to you. <a href="johomanhttp://www.marriagebuilders.com/ubbt/images/icons/smirk.gif" target="_blank">johomanhttp://www.marriagebuilders.com/ubbt/images/icons/smirk.gif</a> smirk
|
|
|
|
|
Joined: Jul 2005
Posts: 1,257
Member
|
|
Member
Joined: Jul 2005
Posts: 1,257 |
Yeah I totally agree with you.
I'm not sure if the government will punish him or me though???
Either way I just want it done.
Thanks for your input..it's truly appreciated!!!
Me, 43
DS18, DD12
Divorce final May 10, 2007
|
|
|
|
|
Joined: Feb 2002
Posts: 4,199
Member
|
|
Member
Joined: Feb 2002
Posts: 4,199 |
My D dragged out a long time and I can feel your frustration. In my case too, he's the one who wanted out, and like you, I had to do all the work. It will soon be over. And there won't be any feeling of relief. Life will just continue as it has. Oh, I just saw, same year married as me. My financial stuff didn't get settled until 3 months post Divorce day. Which was 20 months after he left.
It was a marriage that never really started.
H: Conflict Avoider, NPD No communication skills (Confirmed by MC) Me: Enabler
Sep'd 12/01, D'd 08/03.
My joys and the light of my life: DD 11, DD 9
*Approach life and situations from the point of love - not from fear.*
|
|
|
Moderated by Ariel, BerlinMB, Denali, Fordude, IrishGreen, MBeliever, MBsurvivor, MBSync, McLovin, Mizar, PhoenixMB, Toujours
|
0 members (),
281
guests, and
54
robots. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|
Forums67
Topics133,623
Posts2,323,508
Members72,000
| |
Most Online3,224
May 9th, 2025
|
|
|
|
