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Divorce and never received equitable distribution.

| Feb 19, 2016 | Uncategorized

Q: My divorce was over two years ago. We made an agreement in court. My divorce decree states that I am entitled to half of my ex husbands 401 k plus an extra 12,000.00. Also he is responsible to pay for all the copays for all 4 children as well as pay for half of the two oldest kids car insurance. He was responsible to pay for all the paperwork that needs to be done for distributing my share of the 401 k which was never done. He never pays for the copays nor does he pay for the car insurance which by the way is under my name, so I end up having to fork it up every time. I have contacted the judge both with letters and filled out the order to show cause papers. She has refused to help me and tells me that I need to pay someone to do the distribution even though I have no money. It was an agreement we made and it should be legal. I should be getting interest on this money because I should have received the money after our divorce was final and I never did.

What can I do about going over the judges decision and who would I contact?

A: David’s Answer: First, you may need to send a default notice letter to your ex-spouse, depending on the provisions within your settlement papers. Second, you generally cannot “send letters” to the Judge to enforce a prior order – you must file the proper papers & in the proper manner. You should call a Dutchess/Westchester Divorce attorney to schedule a consult for a full assessment. – David Bliven, Westchester Divorce Attorney.

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