Can she get my 401 k

[joejoejoe1111]

Jurisdiction

Texas

I'm 14 years old my father is being sued by my mother for his retirement , I was wondering if I could sit in the back my grand mother and watch or will I be ask to leave by the judge

 

[adjusterjack]

Kids are in court all the time.

The judge isn't likely to make you leave unless one of your parents asks him too.

 

[army judge]

I'm 14 years old my father is being sued by my mother for his retirement , I was wondering if I could sit in the back my grand mother and watch or will I be ask to leave by the judge

There are no star chambers in this country.

Anyone is allowed to watch justice n action, as long as they obey a few simple rules explained before the proceedings commence by the bailiff.

Otherwise, its much like a church, a movie theater, or a high school class, sit quietly and enjoy the show.

 

[zddoodah]

I was wondering if I could sit in the back my grand mother and watch or will I be ask to leave by the judge

Well...court is usually held on Monday through Friday between 8:30 a.m. and 5:00 p.m., and most 14 year olds are in school during most of that time. With that said, if you have the day off school when your parents' case is in session, you're free to attend. Whether the judge might ask you to leave depends on a number of factors.

 

[ElleMD]

Your parents might well object to you being present. The lawsuit does not concern you and they may not want you involved in the intimate details of their marriage and divorce. If they are fine with it, you can stay.

 

[joejoejoe1111]

I got divorced 2 years 11 months ago and I got served paper a month ago and she is going after my 401k and she has not payed child suport in 2 years also the 401k was not on the decree so she is claiming I tried sneaking it past her which I didn't

 

[hrforme]

You need to be speaking with your attorney but generally if money was put into your 401k plan during the time period you were married part of it will belong to her as TX is a community property state. You should've negotiated during the divorce and then you could've decided to offer her something else in negotiation for you keeping all of the 401(k) money.

Why did you not list it in marital assets during the divorce/decree? And no it is totally separate from child support although I suppose a good attorney might negotiate but if she is in CS arrears According to the state, her giving up part of the 401k may or may not help that as 401ks are meant for retirement savings NOT for supporting current expenses like child support is.

She will need to provide the 401k administrator with what is known as a QDRO.

 

[zddoodah]

In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

I got served paper a month ago and she is going after my 401k

Got served what paper? And what has happened in the month since you were served with it?

she has not payed child suport in 2 years

Ok. This seems a bit out of place in your post about your 401k. Have you sought to have her held in contempt for failing to pay child support or otherwise sought to enforce the support order?

also the 401k was not on the decree so she is claiming I tried sneaking it past her which I didn't

Was the existence of the 401k disclosed during the course of the divorce? Why wasn't it "on the decree"? Was any or all of the money in the 401k earned during the time of the marriage?

Can she get my 401 k

Depends on the relevant facts, and you provided virtually no relevant facts. However, if any portion of the 401k was earned during the marriage, it was a community asset that was subject to division in the divorce. If you didn't disclose its existence, then your ex may stand a chance of getting what she's seeking.

I suggest you consult with a local family law attorney.

 

[joejoejoe1111]

My ex wife is sueing me for my retirement after being divorced for 2 years , she hasn't paid child support in 2 years I haven't reported but I am after this , could they hold her in contempt of court for not paying , also she threatened to take my son if I didn't sign over a piece of property to her so I signed it over , so could she get my retirement in your opinion , I have gave her a house a pickup and 15000$ all adding up to 125000 $ and I kept about 200000 worth of properties and such , I can't raise my son on half my retirement

 

[army judge]

My ex wife is sueing me for my retirement after being divorced for 2 years , she hasn't paid child support in 2 years I haven't reported but I am after this , could they hold her in contempt of court for not paying , also she threatened to take my son if I didn't sign over a piece of property to her so I signed it over , so could she get my retirement in your opinion , I have gave her a house a pickup and 15000$ all adding up to 125000 $ and I kept about 200000 worth of properties and such , I can't raise my son on half my retirement

The internet is of very limited use to you.

You need to HIRE a lawyer to address whatever you believe are at issue here.


Understand this, Texas is a community property state.

If you were married to her for 10 years or so, she's legally entitled to 50% of the 401K.

She can't take it, but the court can ORDER your 401K administrator to ensure she gets whatever is coming to her under Texas law.

What she allegedly owes you in child support arrearages has little to do with the 401K, but an offset MIGHT be negotiated.


If you are owed child support, you might be able to get an offset against what she allegedly owes in unpaid child support, versus what you might owe her for concealing (or not revealing) the existence of the 401K in the dissolution matter.

Again, whatever you read here, is of no use in a courtroom.

You needed a lawyer last month, maybe last year.

I suggest you hire one ASAP, or you'll be deeper in the financial hole to someone you dislike.

 

[zddoodah]

I take it that the posts are now coming from dad, rather than the 14 year old who started this thread (and I find it curious that the 14 year old's writing skills were apparently better than those of the dad).

she hasn't paid child support in 2 years I haven't reported but I am after this , could they hold her in contempt of court for not paying

If that weren't the case, it would have been awfully silly for me to have asked if you had "sought to have her held in contempt for failing to pay child support or otherwise sought to enforce the support order."

so could she get my retirement in your opinion

I'm not sure why you're re-asking questions that have already been answered without providing any new factual information.

I can't raise my son on half my retirement

Well...you could always...you know...get a job.

 

[Highwayman]

I got divorced 2 years 11 months ago

Really? At the age of 12?

 

[ElleMD]

All of your marital assets should have been divided when you divorced, including the 401K. If she received some portion of other assets to off set the 401K, she may not be entitled to it. Still, the order should mention that as an asset and indicate that you retain it in full. If the order is silent, that would tend to support the claim that it was not disclosed or considered in the division of property.

As far as custody and child support, you both must follow the order. If one party does not, the other can file with the court to compel enforcement. You don't say what your order says about these things, or when you agreed to gift her additional property in exchange for custody. If that property wasn't part of the order, it has no bearing on custody nor does having gifted it to her mean she can not petition the court to grant her custody or enforce the order.