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Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
If you have questions about this, please email help@theknot.com.
Thank you.
Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
Motion to enforce
Has anyone had to go back to court to enforce your divorce decree? EH owes me half of his 401k (which I am sure he cashed and spent). Do I need an attorney to do this or can I just file a motion myself?
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Re: Motion to enforce
Lovely isn't it.
He was supposed to submit a QDRO but he never did. When my atty questioned his lawyer about it, they submitted one to him but it was for less than half of what he owes me. Their explanation was that EH got stuck with the home equity loan (it was only in his name) so they deducted half of that from the 401k. Our decree says his debt was his and mine was mine. So that didn't fly with me. Then EH lost his job and supposedly turned the 401k into an IRA. But I am sure that since then he has cashed it out as he hadn't worked in almost a year and took a couple of jobs but quit them because he didn't like them. Yeah, he's a catch. Once he quit he couldn't get unemployment any longer. so I'm sure he needed money.
I just wonder how the judge will enforce him giving me half the 401k money if he no longer has it.
I no longer have a lawyer and I guess I could get a new one but fighting this with one would be more than I would get from the 401k so it isn't worth it. But I want the money that is owed to me.
And the fact that he still owes this to me is the reason he never took me back to court to decrease my measly child support when he wasn't working.
Then perhaps you can call your former atty and ask if you can file a motion pro se. Worst that happens is the judge denies your motion and you're out the money he isn't paying.
I feel your pain on not wanting to use lawyers when doing so will cost more than the money you will receive from the action.
It shouldn't matter that he no longer has the funds. I would think that the amount he owed to you would have been finalized with a number in the decree or being exactly half of what the value was worth as of the date the decree was filed with the state.
I get what you mean by getting the money that's owed to you. It's the principle of it, not the actual monetary value.