Legal Question in Family Law in Arizona

Withdrawing Retirement Funds During Divorce

My mother & father were recently divorced in Arizona (March 2001). My father was working with an attorney to distribute his retirement money (1/2 to her) using Quadros ?! The attorney (who was secured by my mother) informed my father a couple weeks ago that she had withdrawn her 401k money from her employer in December (4 months before the divorce was final). The divorce stated that he would get 1/2 of her 401k which was only about $15,000. He contacted another attorney (since the Quadro attorney doesn't want to deal with it) who told him that this was illegal but he wants to charge my father outrageous fees to fight her in court. What are his options? Can he fight this on his own since she deceptively cashed out her retirement funds? Is there any criminal action that needs to take place?


Asked on 9/19/01, 1:44 pm

1 Answer from Attorneys

Re: Withdrawing Retirement Funds During Divorce

Your father is not REQUIRED to have an attorney assist him. He can take appropriate steps on his own. If money were no issue, it would of course be preferable to have assistance.

I am unaware as to whether a crime has been committed, as I limit my practive to the family law arena. There certainly should be repercussions in the family court.

I can explain the procedures better by phone or in person. There is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

As far as costs, please know that we charge $175 per hour, and would need a $2,000 retainer in this matter.

Please call me directly to discuss the specifics of the case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 11/06/01, 11:47 am


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