401k

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401k

I was suppose to get half of my husbands 401k on the day our
was finalized and that was on Dec 4 2017 ,I have to receive
any money . Since then he borrowed 22,000 against the
401k.Whom do i need to contact.

Asked on February 15, 2019 under Family Law, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your recourse is to pursue contempt of court against your ex-husband for failure to comply with the terms of your divorce decree.
You will need to file with the court an Order to Show Cause to request a hearing on your contempt of court claim. Call the court clerk to schedule the hearing. Include the date/time/department of the hearing on your Order to Show Cause. Also, file with the court your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim. File any additional supporting documents and other evidence. File a proof of service (court form).  File the above items with the court and then mail a copy of your court-filed documents to your ex to give him notice of the hearing. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if any additional documents are required to file for contempt of court because the required documents may vary from state to state.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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