Greetings. You need to pursue this avenue. This can be a huge buy in with your judge. When the judge does not believe your husband, you can “win” at court because the judge will believe your contentions over your spouses. My advice is to pursue this avenue even if you are in the process of a settlement, as this will be good leverage for you. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Thank you Janet for your advice. My attorney is out of town this week so when you say pursue this avenue even if you are working towards a settlement, exactly what do you mean? The ex says his attorney told him that you CAN get money out of your 401K despite the order if you are using the money for “survival” to pay your bills? Is this correct? Of course he’s going to say it was for “survival”!
Greetings. If there is an order in place, but it is violated, then the motion to file is a Motion to Show Cause. Wait for your attorney to come back and file the motion for you. Your ex is lying to you or his attorney has informed him incorrectly. A court order “freezing” funds is not something that you can violate for any reason. Tell your ex to go out and get another job to pay for his “survival.” He can work two jobs, but he CANNOT violate a court order. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Janet, thank you so much for your advice. I knew that didn’t sound right when he said he could do it if he needed the funds to survive. I’ve been telling him all along that he’s no better than anyone else and if he has to work 2 jobs like I do then he can do it! I’ve emailed my attorney today to see what I need to do. No wonder the ex has been trying to settle something with me and being very cooperative…
Greetings. Settle if you can, but use the Motion to Show Cause as added leverage. His lies only show his continued bad faith in dealing with you honorably. Because of this, demand the settlement to be in the form of an order and not simply an agreement. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
What are the consequences when there is a court order with regard to NOT touching marital property such as 401K’s? I just found out that my ex withdrew a large portion of $$ from his 401K to pay off 2 rather large credit cards, pay his taxes, and pay his attorney. I realize that now he is in contempt of court because my attorney told me that he was, but what will be his consequences if I choose to pursue this avenue if I can’t get a settlement out of him? Thanking you in advance for your response.