Skip to main content
Robert Ricci
Avvo
Pro

Robert Ricci’s Answers

2,906 total


  • My husband defaulted on my 401k distro

    The divorce decree stated he had to file the QDRO within 60 days, he did not. The judge denied the QDRO twice as it was beyond the due date. A hold has been placed on my 401k account and they state the reason is they have a QDRO but, that is not t...

    Robert’s Answer

    The failure to meet a deadline in a Divorce Judgment to prepare and file a QDRO should NOT disqualify the distribution of that asset. Something sounds fishy. I concur with the prior response. get to a NJ Divorce attorney ASAP.

    See question 
  • My husband defaulted on my 401k distro

    The divorce decree stated he had to file the QDRO within 60 days, he did not. The judge denied the QDRO twice as it was beyond the due date. A hold has been placed on my 401k account and they state the reason is they have a QDRO but, that is not t...

    Robert’s Answer

    The failure to meet a deadline in a Divorce Judgment to prepare and file a QDRO should NOT disqualify the distribution of that asset. Something sounds fishy. I concur with the prior response. get to a NJ Divorce attorney ASAP.

    See question 
  • How can I get enforcement of alimony if I am in NJ and my ex-spouse is in NY?

    I was divorced on 1/15/2010 and was awarded permanent alimony. I reside in NJ and my ex-spouse is in NY. He is over $50,000 in arrears and has repeatedly ignored court orders unless jail time was threatened. He is a dirt bag and will do/say any...

    Robert’s Answer

    You could have a NY attorney file the judgment in NY and pursue him. Does he own real estate in NY?

    See question 
  • Restraining Order

    I have a TRO against my ex boyfriend. My hearing for FRO is next Monday, I am representing myself. I believe I believe I have very strong evidence to get FRO ( picture, emails, txt) . My ex has hired an attorney. Is it possible to get an FRO wh...

    Robert’s Answer

    Without knowing the nature of your evidence, it is difficult to judge your chances of success. Certainly having an attorney will increase your chances.

    See question 
  • How do I modify an order requiring a transfer of retirement assets as a result of said assets being depleted?

    My divorce agreement required me to transfer $5,000 from my IRA as part of a retirement equalization. My ex had and still has a government pension and will eligible to retire within a few years, whereas I depleted my entire IRA for basic living ex...

    Robert’s Answer

    You have very little chance of success on such an application. Your post-judgment issues are not relevant to what is a property distribution issue.

    See question 
  • What is that on my modification of court order open case non divorce

    for spousal support along with the appropriate paperwork was send to my spouse by probation along with the court date but there is new paperwork and probation has it on file but Due to the large number of documents that have been sent to the court...

    Robert’s Answer

    Hand delivery is acceptable, but you'll need proof of service. I suggest that you ask her to sign a receipt. Otherwise, mail it to her regular and certified mail.

    See question 
  • Alimony Modification

    Was divorced in 1997 after a twenty year marriage. Awarded permanent alimony. Am living far below marital lifestyle, ex's income has increased by over $200K per year. I am disabled. Went for a consult with a lawyer and was told I waited too lo...

    Robert’s Answer

    The answer is complicated. His increase in income might be relevant if you accepted support below the marital life-style. But the long passage of time will make it very difficult. How old are you? How old is he? Is he nearing retirement?

    You should consult with a local divorce attorney to discuss all of the facts of your case.

    See question 
  • I am unable to pay child support and alimony due to unemployment (my job became electronic) what do I do?

    Divorce was finalized Jan 2014, alimony and child support didn't start till house sold this month, I couldn't pay mortgage for 2 years I was responsible for all arrears. My wife ended up with all the cash. She was responsible for selling house and...

    Robert’s Answer

    You can file a motion and if you can establish a changed circumstance, you may be able to obtain relief.

    See question 
  • What are tax implications to me, post divorce currently receiving alimony , and i want to receive a lump sum from x-husband

    Divorced about 4 years, he is 32 K in arrears, lost job early on after divorce, new job lower pay and NJ courts awarded him REDUCED.alimony payments and practically impossible for me to get the 32K arrears. Legal fees killing me

    Robert’s Answer

    The tax consequences are that alimony, if you collect it, is taxable to you.

    See question 
  • How to request a change in my alimony/cs due to a great increase in ex spouses income?

    My ex husbands salary has increased significantly. How do I go about requesting an increase to my support since this was so decreed in my original settlement. Do I file a motion? Is it the same as I filed successfully pro se for a non-disclosed p...

    Robert’s Answer

    Yes. You file a motion. But it is strongly urged that you do so with an attorney.

    See question