Irvine, CA asked in Divorce and Family Law for California

Q: My divorce was as finalized in 2018 in Orange County, ex was ordered to pay spousal support, equalization payment

And I got half of his 401k. To date, he has failed to comply with any request whatsoever to pay up.What can be done ? Unfortunately due to him not complying I am penniless. Please advise and thank you very much

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
  • Culver City, CA
  • Licensed in California

A: To divide his 401K you need a QDRO (Qualified Domestic Relations Order). Once the Plan is served with a QDRO, they pay you your share. The payment does not come from your ex. For spousal support you can get paid by using an Income Withholding Order

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