Legal Question in Family Law in Florida
I have been divorced for 7 years was given full custody of our children and have been the sole provider for my children for 9 years, we were married for 24 years. My youngest is now 16, oldest 19 and in college. I was granted a divorce in the state of Florida whcih stated that my past 401k and any job related income would not be split, our house was sold and split. My xhusband has a criminal record for drug charges and has been in and out of jail and never showed up for the mediation or final divorce hearing. He is now broke and wants to come after me for half of my 401k. Does he have any legal right to half of what was in my 401k at the time of the divorce?
5 Answers from Attorneys
Not based on your information.
I assume that he was served with the original divorce papers. The time for him to appeal has long since run. Tell him to go ....
He has no case. Do not worry. Contact my office for free consultation. 727-446-7659
If you received a default judgment it is a final judgment and the property division (including 401k) has to be followed. There are limited grounds that allow a person to set aside a default judgment. He would have to argue these grounds to the court. He will also have to provide notice to you in writing that he intends to do so by Motion or Petition. You will have the opportunity to object.
Natalie Hall, Esq.
www.ndhlaw.com
(407) 412-7035
No he doesn't have a case. The time frame for him to object has run.
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