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Asset division states; Husband has a Delta 401K. The parties agree to equally divide the marital portion of the Delta 401k via QDRO. The parties shall equally bear the cost of preparing the QDRO for approval by the Court. The marital portion of the 401k is defined as the portion acquired from... View More 
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answered on May 18, 2024
You don’t need to do the calculations. When the QDRO is submitted you will include the dates and the plan will do it for you.
In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not... View More
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answered on May 18, 2024
What was the original intention? If it was for you to keep it then keep it. Let her go to court if she wants and argue that there was a mistake. Clearly there is a conflict because it says that titled in your name is yours. Speak with a local family lawyer for more specific advice.
She bought 2 homes and a new car all in her name. The past few months she’s been asking for a divorce since then she’s put both homes and her car in her kids name. We don’t have any children together. What legal recourse do I have?
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answered on May 18, 2024
Assuming that the settlement was for a personal injury then you may be entitled to a portion. Speak with a local family lawyer for more specific advice.
My husband was divorced 17 years ago and in the divorce decree they were to equally split the marital portion of his 401k through a QDRO. He has contacted his plan administrator and received their QDRO form and it looks self explanatory. My question is does he calculate the percentage to file... View More
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answered on May 16, 2024
That calculation should be a part of the order. Normally a QDRO has a specific dollar amount or a percentage and the dates that apply. The financial institution simply does what the order says. They have no discretion. Speak with a local family lawyer for more specific advice.
I would like to seek legal action for the purpose of reimbursement of an overpayment related to QRDO order.
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answered on May 15, 2024
You need to determine the reason for the overpayment. If the pension plan did not follow the order correctly then you may have to pursue legal action against them. If the order was followed properly then you can return to family court and try to recover the overpayment. You will need to explain how... View More
I am a Floridian
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answered on May 12, 2024
The new law does not affect the situation that you describe; however, you do have the ability to return to court for a modification of alimony based on your retirement. Speak with a local family lawyer for more specific advice.
I don’t want to leave. I am in rehab for knee surgery. We have been married about 25 years .
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answered on May 12, 2024
In a divorce there are generally only two options for the division of a marital home. Either one party buys the other party out or if that is not possible then the property is sold and the proceeds divided between the parties. Speak with a local family lawyer for more specific advice.
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answered on May 7, 2024
You can return to court with a motion for contempt and/or enforcement and ask the court to order the other party to comply with the agreement. Speak with a local family lawyer for more specific advice.
My ex wife is in agreement to no longer receive alimony. The money is deducted monthly from my SS check.
answered on May 2, 2024
You would need to get with an attorney from NY where your case was filed and have them draw up an agreement to stop the alimony and enter a supplemental final judgment incorporating the agreement.
Spouse traded a new car during separation that car was deemed maritial property, now I can not bargain, negotiate etc. with it, what are typical consequences of a spouse dissipating marital property right before mediation.
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answered on Apr 30, 2024
Based on your facts you are entitled to half of the value in your column for equitable distribution. It would be the net equity meaning the fair market value minus any loan on the car. Speak with a local family lawyer for more specific advice.
CREDIT CARDS PAID OFF. AS SOON AS SHE RECIEVED THE MONEY SHE PAID OFF HERS AND LEFT MINE IN DIRE STRAITS THEN TOLD SHE WAS GOING TO FILE FOR DIVORCE THAT I NEEDED TO MOVE OUT SHE HAD THE RV PARK CHANGE THE LEASE TO JUST HER NAME AND SAID I WASN'T ALLOWED TO COME AROUND ANYMORE THAT IS MY HOME... View More
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answered on Apr 30, 2024
I'm sorry to hear about your difficult situation. It sounds like a stressful and upsetting experience. In California, both spouses have a legal right to access the marital home, even if only one spouse's name is on the lease. Your wife cannot legally force you out of the RV or prevent you... View More
The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?
answered on Apr 22, 2024
If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More
Does 91.153 apply to a subpoena from a party's employer in a dissolution? I filed a petition for modification on Dec 30th, 2020 so we are now in the fourth year of litigation because my ex has avoided discovery of his income information. He did not do mandatory disclosure until I got a court... View More
what can i do as a husband? can i write her attorney and remind him of her depo where she admits to taking the $500k from kids funds. they are both adults and one in college but the money is gone. it was in a 529 fund
Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More
answered on Apr 22, 2024
When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More
Our schedule is 50/50 the first 15 days of the month Ive the kids and the remaining she have them, I don't need child care during my time because I'm off from work but she wants the child care calculated on the 100% for the au pair fee which is $1700 a month also I don't have access... View More
answered on Apr 7, 2024
Parenting plan in divorce matter usually address the actual amount needed when it comes to child support. I am curious as to how you are forced to pay for service you do not agree to. You can refuse to pay for the service if it is beyond the arrangement of your divorce decree.
Parents want a divorce, fighting over children. Mother had children. Mother got arrested and has been in jail for over a year case not tried yet.
Courts gave Father the children. He now wants her to sign the paper for a divorce. Her attorney took herself off the case several months ago... View More
answered on Mar 29, 2024
Yes, divorce papers can be served on you if you are in jail. No, you do not have to sign for the divorce papers if you are in jail. I hope this helps. Good luck!
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answered on Mar 25, 2024
As long as the two of you are legally married you both have equal rights to the children. If you want the courts to intervene then you need to file a case against your spouse. The most obvious case would be a dissolution of marriage (divorce). The case would need to be filed where you have lived... View More
My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.
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answered on Mar 22, 2024
If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More
I remarried in 2019 when my son, who lives with his mother in PR, was 12 years old. I live in Florida and I'm in perfect health but the question still arise. My son will be 18 this June and planning to go to college. I know that I need to pay child support most likely beyond him reaching 25... View More
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answered on Mar 19, 2024
The child support obligation is yours alone (not new wife) and will terminate on your death.
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