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Can a judge really order someone to withdraw money from their IRA to pay their ex-spouse's attorney?

San Jose, CA |
Filed under: Family law

Division of property including retirement & investment accounts was completed 6 years ago.
Is that really legal?

Please don't bother responding by telling me to see an attorney. Thanks.

Attorney Answers 4

Posted

Yes

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Posted

As long as there is an issue pending before the court, the court can order a party to pay fees, and they can take into account assets available for that purpose, including separate property assets.

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Posted

Yes, but your post is extremely devoid of facts which (had they been given) might indicate that the order was wrong.

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3 comments

Asker

Posted

Under what circumstances could the order be wrong? Can you cite corresponding case law? Thanks.

Robert Andrew Michael Burns

Robert Andrew Michael Burns

Posted

I could but I will reserve that until after I have the facts; otherwise, I'd be making a treatise on conjectural possibilities. Since this information is not forthcoming here, I suggest that you review the case file with the Family Law Facilitator at the Courthouse in a free consultation.

Asker

Posted

????

Posted

Without seeing all the pleadings and the history of the case, court orders and Judgment there is no simple black and white answer. Is it a legal possibility, yes it is a legal possibility that the Judge can order someone to withdraw money from their IRA.
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1 comment

Asker

Posted

Yeah, anything is possible. Keep paying your lawyer to find the limits.