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I'm really lost... Are you getting a benefit from this?


BS 52, FWH 53, Married 1-1-84
D-day 5-14-07, WH moved in with OW
Plan A 9 months, DARK Plan B 3-17-08 until 3-2-09
WH and OW broke up 1-09
Started over 7-09
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After division of assets, I owe WH $26K from my 401. The email from his atty says that WH will transfer and just use it to pay the credit card (21K), the tone being that I could have done the same thing. Duh. Guess he doesn't realize that he is going to have to pay taxes and a penalty on the withdrawal, so he will need to wd about $40K to cover everything. And surprise, if he doesn't withdraw enough to pay his taxes and penalty he will be screwed because you can only withdraw once per year before age 59 1/2. He can figure it out come April when he owes money. I always took care of this stuff for us.


I based my response on this. Chai has it nailed. The judgement is more beneficial to her as it stands, and WH's offer to do it differently would have had massive penalties attached to it, that he probably thought she was too stupid to understand.

Good for you to refuse!

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Originally Posted by Lexxxy
What he was offering you was not a good deal at all.

$26K due to WH from 401k.
$21K due to cc from WH.

So -- he offers you to take cc debt and he "waives" rights to 401k. Makes it look like he's giving you $5k, right?

WRONG!

You are exactly right Lexxy. Here is how it went:

Judge said assets split 50/50. Chai has $52K more in assets (401K) than WH, so WH gets $26K to make both even. Right? Simple?

Judge said Chai gets a store debt and WH gets our joint credit card debt (which he has been paying all along) PLUS Chai's Visa of $21K. WH does not want Chai's visa, so he says he will give it back to Chai, and take $21K less of Chai's 401K.

Why is this not a good deal? Exactly as Lexxy said. The real cost of the $21K debt is much higher (unless of course you just happen to have $21K sitting around to pay it, which neither one of us do). So the remaining options are to pay it over time and incur thousands in interest, or withdraw from 401K to pay it off which means taxes and penalty.

I hope that clears it up a little.

Quote
Lets just say that this 401K money is intended to pay off cc debt.

First of all, whoever cashes in 401K money to pay the cc bill is doing themselves a world of hurt.
They will have to pay income tax on $26K, at 15% (nominal tax rate) the taxes on that are $3900.
Plus 10% early withdrawal penalty of $2600. So for that $26K, they would net less than $20K to pay a $21K cc bill. And in reality if the federal income tax rate is higher, the net goes down even further....

Bad Bad Bad deal....

EXACTLY! This is why I said NO.



[/quote]


BS - me 56
XWH - 57

12/25/06 - Dday - WH promised NC. Plan A in effect. Thought we were in recovery.

6-3-07 - Dday#2 Found out NC never took place and A never ended. Found MB NC promised again, but WH would not write NC letter.

9/07 - Dday #3. Still lying and sneaking around. Plan B implemented
WH wants nothing to do with me

Divorced as of 12/09 after 36 years
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Originally Posted by QueeniesAdventures
I'm really lost... Are you getting a benefit from this?

Sorry Queenie. It is a little confusing. Just know that WH taking the credit card debt is best for me, so I am not letting him give it back.

Boy, when BS's stand their ground the waywards hate us even more.


BS - me 56
XWH - 57

12/25/06 - Dday - WH promised NC. Plan A in effect. Thought we were in recovery.

6-3-07 - Dday#2 Found out NC never took place and A never ended. Found MB NC promised again, but WH would not write NC letter.

9/07 - Dday #3. Still lying and sneaking around. Plan B implemented
WH wants nothing to do with me

Divorced as of 12/09 after 36 years
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Originally Posted by ChaiLover
Originally Posted by QueeniesAdventures
I'm really lost... Are you getting a benefit from this?

Sorry Queenie. It is a little confusing. Just know that WH taking the credit card debt is best for me, so I am not letting him give it back.

Boy, when BS's stand their ground the waywards hate us even more.

We need to stand up for ourselves so we don't hate OURSELVES. You need to continue to protect yourself and stand by the judgement. They are not thinking of us. They are in their own pity party because the full reality of financial disaster will hit him and boom it will be ugly. My XH used to have 800/month just to spend for gas (about $150) and the rest for whatever.

Now XH is in financial hole and he probably only has about $300/$400 hundred left a month if that and he is spending most of that on booze. sad sad sad. Financial fantasy is being hit by the karma bus full speed.

Chai, stay strong and stick to your guns.


Me 55, XWH 53, M 22 years
D17, D30
alien replaces my husband "I'm not happy" -7/08
Discover OW-8/08 (his direct report and I work there also)
H moves out 10/1/08, confront Ow 10/28/08
Plan B 1/09
D final 12/09

Quote: "First thing you do is pray; when there is nothing else to do, continue to pray."
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Originally Posted by Chai
Boy, when BS's stand their ground the waywards hate us even more.


Delusional pooheads. I'm getting ready to find out how to squeeze blood from a stone, too! Joy...



Me-BS-38
Married 1997; son, 8yo
Divorced April 2009
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Me, too. Blood from a stone.

I'm being blamed for dragging it out, spending money we don't have, not moving on...

Hello. If you waywards had just got out of relationship #1 before jumping into relationship #2, a lot of this ugliness would have been prevented. Not all of it... but A LOT of it.

And EXPENSIVE. We could have told you that! They act like they had no idea of the cost....


M 25 yrs, 3 teens
Dday 12/07
5ish False Recoveries (all in 2008)
12/08 WH moves in w/OW, her kids
Plan B/D/FU -- depending on the day
He files 1/09; D final 12/2012
"I'm moving on"
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Oh Chai, so sorry that this keeps dragging on. WH has tossed his family and now will start paying the consequences. So easy to fall into an affair, so hard to deal with the aftermath.......

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CL,

Quote
Boy, when BS's stand their ground the waywards hate us even more.




WS: not getting what they want = rant2 grumble Nooo crybaby dramaqueen


XBW
DS16 & DS22
PLAN D: finalized!
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You are so right Luna.

Now his atty is going back to the judge to try to get assets and debt divided as of the separation date in 9/07. Of course my 401K was twice as big back then. I had riskier investments than WH, so my 401K fell in value a lot more than WH's. My atty says the order as stated says to divide the assets as of today, so he felt that things were pretty clear.

How can an atty keep keep questioning the judge's orders?

If the judge agrees to 2007, I guess I will have to give WH most of my 401K now.

I just can't believe this. I thought a decision had been made....



BS - me 56
XWH - 57

12/25/06 - Dday - WH promised NC. Plan A in effect. Thought we were in recovery.

6-3-07 - Dday#2 Found out NC never took place and A never ended. Found MB NC promised again, but WH would not write NC letter.

9/07 - Dday #3. Still lying and sneaking around. Plan B implemented
WH wants nothing to do with me

Divorced as of 12/09 after 36 years
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Now his atty is going back to the judge to try to get assets and debt divided as of the separation date in 9/07


He can TRY but my guess is the Judge is going to ask him why the heck he didn't ask for that to begin with... the old saying in the practice of law is that you can't get what you don't ask for. I can't see the Judge going back on his order.

Chances are his attorney is doing it only at the behest of WH pressuring him to "do something." The attorney probably doesn't mind, just more $$ in his pocket.

This is getting ridiculous!


Widowed 11/10/12 after 35 years of marriage
*********************
“In a sense now, I am homeless. For the home, the place of refuge, solitude, love-where my husband lived-no longer exists.” Joyce Carolyn Oates, A Widow's Story
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He's just being a D!ck. Wouldn't we all want the value of our 401Ks 2 years ago... and our homes....

Just stand your ground. If he keeps trying to change the orders, maybe you should ask for alimony. Afterall, he's the one with the job and the benefits while you are a small business owner hit hard by the recession.

Maybe...maybe...WH just wants another court date because you looked so HOT the last time he saw you. He's just looking for an excuse.

He was particularly turned on by your HAIR. Va Va Voom.

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Originally Posted by princessmeggy
This is getting ridiculous!

It really is. He keeps spending more on atty fees. He just won't let it end. Now I am afraid that I will have to give him my entire 401k. The value in Sept. 07 was twice what it is now.

I am beginning to hate this wayward.


BS - me 56
XWH - 57

12/25/06 - Dday - WH promised NC. Plan A in effect. Thought we were in recovery.

6-3-07 - Dday#2 Found out NC never took place and A never ended. Found MB NC promised again, but WH would not write NC letter.

9/07 - Dday #3. Still lying and sneaking around. Plan B implemented
WH wants nothing to do with me

Divorced as of 12/09 after 36 years
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Originally Posted by Holyheart
He's just being a D!ck. Wouldn't we all want the value of our 401Ks 2 years ago... and our homes....

Just stand your ground. If he keeps trying to change the orders, maybe you should ask for alimony. Afterall, he's the one with the job and the benefits while you are a small business owner hit hard by the recession.

Maybe...maybe...WH just wants another court date because you looked so HOT the last time he saw you. He's just looking for an excuse.

He was particularly turned on by your HAIR. Va Va Voom.

LOL I did ask for alimony but didn't get it because his expert witness said that I can get a job. Guess they haven't heard about the unemployment rate.

Yes, it had to be the hair. But then again, I think he likes mullets now. I wouldn't be caught dead in one.


BS - me 56
XWH - 57

12/25/06 - Dday - WH promised NC. Plan A in effect. Thought we were in recovery.

6-3-07 - Dday#2 Found out NC never took place and A never ended. Found MB NC promised again, but WH would not write NC letter.

9/07 - Dday #3. Still lying and sneaking around. Plan B implemented
WH wants nothing to do with me

Divorced as of 12/09 after 36 years
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Hi CL,

Quote
He can TRY but my guess is the Judge is going to ask him why the heck he didn't ask for that to begin with... the old saying in the practice of law is that you can't get what you don't ask for. I can't see the Judge going back on his order.

What's your atty saying about this?


XBW
DS16 & DS22
PLAN D: finalized!
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Hey Luna. Well, I don't want to write what my atty thinks (you can probably guess), but the way things have gone I am prepared for anything.

I just want this over now. I am looking at the cost of it as an investment in trying to save my M (thanks to JT for pointing that out to me). So, yes, I gave it everything I had (literally) and there is NOTHING more that I can do now so it needs to end.

Not sure where my life will go from here, but I need to work on that.

I had dinner earlier this week with two ladies that I attended D care with about 18 months ago. At the time, we were all newly seperated and for the same reason - infidelity. Since then, one has already gotten married again and the other has a serious BF. And I'm not D'd yet!!! Anyway, one of the WH still lives with the OP, and the other WH married the OP. Those two ladies obviously moved on so not sure why it is so hard for me...... banghead

Last edited by ChaiLover; 11/26/09 06:21 PM.

BS - me 56
XWH - 57

12/25/06 - Dday - WH promised NC. Plan A in effect. Thought we were in recovery.

6-3-07 - Dday#2 Found out NC never took place and A never ended. Found MB NC promised again, but WH would not write NC letter.

9/07 - Dday #3. Still lying and sneaking around. Plan B implemented
WH wants nothing to do with me

Divorced as of 12/09 after 36 years
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Chai, 18 months is not long if you consider the length of your marriage - you can be proud of yourself that you fought for your marriage like this. One of my friends who will be getting married next year told me already after 4 weeks to give up faint What's the point of getting married if you give up straight away I ask???

I am not a very patient person - this is the first time in my life I have more patience then ever before and I am also proud of that.

Last edited by bestrongforyou; 11/26/09 06:25 PM.

BS:35(me)
WH:32
DS 12/8
OW1: 2004 EA/PA?
ILYBNILWY 4/09
OW2 2008/2009 EA/PA?
Separated: 06/14/09
D-Day: OW3 PA 06/20/09
Am I married to a Serial Cheater?
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Originally Posted by bestrongforyou
Chai, 18 months is not long if you consider the length of your marriage - you can be proud of yourself that you fought for your marriage like this. One of my friends who will be getting married next year told me already after 4 weeks to give up faint What's the point of getting married if you give up straight away I ask???

I am not a very patient person - this is the first time in my life I have more patience then ever before and I am also proud of that.

Hey BSFY. You are right, we shouldn't give up so soon, but Ii think even Dr. Harley says two years is long enough to wait. I don't think I've seen any M recovered here after two years in Plan B. But yes, I am glad that I fought as hard as I did. Plan B actually doean't feel like I'm "fighting" but I guess I'm fighting the MB Way.

And I do know what you mean about patience. That is something I had to learn in this too. Boy was it hard.


BS - me 56
XWH - 57

12/25/06 - Dday - WH promised NC. Plan A in effect. Thought we were in recovery.

6-3-07 - Dday#2 Found out NC never took place and A never ended. Found MB NC promised again, but WH would not write NC letter.

9/07 - Dday #3. Still lying and sneaking around. Plan B implemented
WH wants nothing to do with me

Divorced as of 12/09 after 36 years
Joined: Jun 2007
Posts: 6,643
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Thank G-d you didn't pray for patience. Can you imagine what G-d would have given you if you had?

I LOVE YOU...


BS 52, FWH 53, Married 1-1-84
D-day 5-14-07, WH moved in with OW
Plan A 9 months, DARK Plan B 3-17-08 until 3-2-09
WH and OW broke up 1-09
Started over 7-09
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Hi CL,

Quote
Those two ladies obviously moved on so not sure why it is so hard for me......


So, if I understand it, CL, according to your definition, 'moving on' goes hand in hand with being in a new R?

..and if you are not (like yours truly crazy)...what are we....'stuck'? chopped liver?

Because I am under the illusion that I am a GOODESS lashes with or without a 'man' in my life!


XBW
DS16 & DS22
PLAN D: finalized!
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