I have a divorce degree awarding me a settlement from my ex's 401K and he is refusing to pay me. I have filed a petition of contempt and I am still waiting. I have numerous threats in text messages from him saying he's not gonna give the QDRO paper to his company. I need to know how I can get my settlement from him?
It is best for parties make sure that a Qualified Domestic Relations Order (QDRO) is prepared and served on the retirement plan administrator at the time of the divorce, to avoid possible issues.
There is no time requirement for the submission of a QDRO following a divorce (enforcing a divorce decree). However, a delay of any length can increase the risk of problems. If the participant takes a significant distribution from the plan prior to approval of a QDRO, tracking down and collecting the funds after the fact may be difficult or impossible...
The sad truth of the matter, borne out by U.S. Census data, is that the majority of ex-husbands simply don’t honor the financial terms of their divorce settlements. Moreover, it can be exceedingly difficult to get your non-paying ex to make good on his obligation for spousal support. Article: How To Get Your Ex-Husband To Honor The Financial Terms Of Your Divorce Settlement.