I had to pay my Ex $74K in 401K funds and an additional $14K for Alimony. This $88K was to be done as a QDRO solely by her Lawyer as she did not trust me. He Lawyer told me what funds to transfer from, (there were several) took care of all the paperwork and when it was final a letter of confirmation was sent by me to her Lawyer to verify the transfer, as well as verify that I was in compliance. Now almost seven years later she suddenly discovered there may have been a mistake and somehow the money transfers were not correct. She feels I still owe her around 10K because so many documents and funds were used. It is difficult at best for me to confirm what she believes to be truth. So my question is right or wrong, can she come after me and get theses monies years later? Thanks for your help
Was a QDRO actually entered seven years ago? Did it accurately convey what was to be transferred to your ex? Or was there a mistake? If there was a mistake, it will have to be corrected. The passage of time (at least as long as it is less than 10 years) probably cannot be used as a defense by you.
I recommend that you talk with your divorce lawyer about all of this. Alternatively, pick a new lawyer who can look at the judgment, the QDROs and the documents showing the transfer of funds and give you an opinion as to whether the terms of the judgment and the QDRO have been fully complied with.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
It is unclear what the exact situation is here. If you have assets that were not disclosed during the divorce that have since been discovered, she could be entitled to a portion of those. If the monies were fully disclosed - but now she wants a bigger piece of them, this most likely would not be allowed.
If your retirement account was not properly divided at the time of the divorce, she would still be entitled to the $88,000. She (not you) may have to do additional paperwork to complete the transfer.
It would be best for you to consult with an experienced family law attorney in your area to determine how to proceed. Consultations are typically free - after that meeting you should know if you need an attorney or not.
Mr. Lambert is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to 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 and make it unsuitable. Mr. Lambert strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
From your question, I am not entirely sure if the issue is that:
1. Your ex-wife believes that you hid funds from the divorce court, which she was entitled to. or
2. If she did not receive the full 88,000 in the decree, or
3. 7 years later thinks she deserved more money.
I would advise you to keep a family law attorney on retainer. If she is preparing to try and re-open the case because she believes you concealed assets, you want to be protected. If the 401K manager has not transferred all of the money to her in accordance with the order, her issue is with them, ultimately. But she may still try to make a claim against you and you want to be represented.
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