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How do I find out the value of my ex-husbands 401k, his plan administrator told me I would have to subpoena them for that info?

Phoenix, AZ |

I am filing a QDRO to levy against my ex-husbands 401k since I was awarded a money judgment for unpaid spousal and child support. I contacted the plan administrator asking for the value of the 401k and they told me I would have to get a subpoena to get that information. Is this correct? I thought per DOL laws I was entitled to that information? if I do have to subpoena them, what would I ask for?

Attorney Answers 2


  1. You do have an attorney assisting you here. You may be ahead of yourself as you say you are filing a QDRO. Does this mean you are in the process of getting it and do not have it as yet? You need a valid and court approved QDRO before the plan adminstrator will talk with you. Get a trained attorney to assist you here.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  2. My colleague from PA is correct. A QDRO is not a debt collection vehicle. A QDRO is generally only used if a court orders a QDRO in the property settlement as part of an original divorce decree.

    There are other vehicles available to pursue the collection of a debt/money judgment; including money judgments for unpaid spousal maintenance and child support.

    If you have a money judgment and need to collect on that judgment you certainly can do that on our own (the procedures and forms are available on many court's websites), but the procedures are somewhat technical and you may need the assistance of a qualified family and/or debt collection attorney.

    Good Luck.

    I invite you to use the links available on this page to locate my avvo.com profile and CONTACT ME AT MY OFFICE for a personal consultation, because the information provided in the above answer is not legal advice, nor is it intended to be legal advice. It is general information that is incomplete and may not specifically apply to your particular circumstances, so you should not act upon it until discussing your situation with an Arizona attorney. Every case is unique. Most legal principles have important exceptions that may apply in your case. You should actually talk to an Arizona lawyer regarding your situation before taking any action or declining to take action. As mentioned above, I invite you to contact my office, but please note that contacting my office in any way, submitting your question on this site, my general response above, and any further communication whether electronically, by letter, or by telephone, does not create an attorney/client relationship. You will know when my office represents you because you will have received a signed representation agreement. Please do not send or communicate any confidential information until you receive a signed representation agreement with an attorney.

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