How can I collect from my spouses 401k after divorce?
Question: I was awarded monies from spouses 401k in divorce. What forms do need, or how do I go about collecting?
Answer: A Qualified Domestic Relations Order (QDRO) should be prepared, filed and served on the 401K administrator. If your divorce judgment did not provide for a QDRO, you should file an Order to Show Cause motion and ask that the court order one. Your spouse’s employer may have sample language for the QDRO.
What should I do if my ex-husband does not comply with our marital settlement agreement?
Question: What can I do if my ex-husband doesn’t comply with the marital settlement agreement? Our case is in California.
Answer: There are many remedies available to you if your ex-husband does not comply with your MSA. Has your MSA been entered as a judgment yet? If not you would want to make sure it is entered as a valid enforceable judgment. Once the MSA is a judgment, you can file a motion to compel his performance, a motion to compel or a motion for sanctions. You can also file for a wage garnishment is he is not paying you your portion of the community property or if he owes your spousal support. There is also a way to file a writ in order to seize his assets or have an asset transferred to your name. You have plenty of options available to you, it is just taking the initiative in order to obtain the remedy you seek.