my ex-wife started the process of obtaining the funds from my 401k account that were stated in the divorce agreement. She them stopped because she thought it would be to much work. This cause my account to get locked so I can no longer move the money. I recentely left that job and tried rolling the money over and/or withdrawing the money but cannot until she either completes the process by getting a Domestic Relations Order or sends in a notarized letter stating she no longer wants the money.
She will do neither. Can I take her to court to make her finish the paperwork?
1 Answer from Attorneys
This is not a mediation issue, it is a family law procedural issue. What you need is an order from the Court which has jurisdiction over your divorce proceeding, directing the managers of you 401k account how to divide the funds, whether 100% to you, 50-50, or some other distribution. You should see a family law attorney, preferably the one who handled your divorce for you, to get this done so it is done properly so as to avoid further delay.
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