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Can I force my husband to include TSP (401K) government matching as income to calculate alimony and child support?
John's answer
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Answered on January 21, 2014
Generally, employer 401k contributions are not included in the income calculation. You may be able to argue that it should be included, but I have...
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My divorce has been final for 2 years, yet I am still waiting for my part of my ex husbands 401K.
John's answer
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Answered on January 21, 2014
It sounds like you need to get the QDRO signed and filed with the Court. The court will then sign it. You need to then send it to the plan...
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My husband is delinquent on several accounts in his name. Am I reliable to help pay? We are getting a divorce.
John's answer
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Answered on January 09, 2014
In addition to the above 2 answers (with which I agree), the marital debt may be allocated between the two of you in the divorce. This would only...
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Can me wife evict me from our home? She says she can get a writ of possession or a TRO.
John's answer
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Answered on January 07, 2014
Once the divorce is filed, either party can request exclusive possession of the marital home. This is up to the judge to decide.
Before then, she...
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Ex husband did not complete season ticket transfer paperwork as ordered in Divorce. He is also withholding the playoff tickets.
John's answer
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Answered on December 31, 2013
You may be able to get relief per CRCP 70 which permits the court clerk be authorized to sign on your ex's behalf in order to transfer property per...
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When I divorce my wife who has adopted my 13yr old daughter will my daughter be able to stay with me? My daughter would rather
John's answer
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Answered on December 12, 2013
Your wife is the legal mother of your child since she has adopted her. Therefore she has full legal rights to maintain that relationship after...
Archived
If I was to win some money like the power ball would my wife that just left me get any of it.
John's answer
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Answered on December 11, 2013
Any such lottery winnings you receive during the marriage are marital property, subject to an equitable division by the court. Equitable means...
Archived
Can I enforce our Separation Agreement, when there is no specific deadline for payment?
John's answer
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Answered on December 10, 2013
In this case, I think the court would impose a "reasonable" period for payment. What that date is depends on all the circumstances and the intent...
Archived
Change of Venue?
John's answer
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Answered on December 09, 2013
While I do not really disagree with Chris's answer, I would file the two motions together so the court knows why a change of venue is appropriate. ...
Archived
Living apart for over 6 years in Colorado, am I responsible for any debts he incurred during this time?
John's answer
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Answered on November 14, 2013
Any property obtained during the marriage is marital property, subject to an equitable division. This means a 'fair" division. It is up to the...
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