Legal Question in Family Law in California

Civil Offense in CA; Now Resides in TX

After a long dissolution process (years), during which both my former husband and I moved separately to TX for a lower cost of living, I was awarded in CA court a substantial portion of his 401K as part of the settlement. However, before I could receive this, he (now legally a TX resident) emptied the account, and claims to have expended all but a small portion of it. Neither my CA nor TX attorneys seem to feel that anything can be done, since the court order was in CA, but he is no longer a resident there, and supposedly a judge in neither state has the jurisdiction to address the issue. Is this true? Will he get away with blatant theft without consequences because he crossed state lines?? If so, it makes suckers out of the rest of us law-abiding citizens. What a great scam.


Asked on 7/16/08, 9:22 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Civil Offense in CA; Now Resides in TX

I am not sure that there is nothing that can be done. Instead, I wonder if the lawyers you consulted think that there is no financial point to having you pay attorney fees, to go after an empty account.

You can certainly register the CA decree as a foreign decree in Texas, and file for enforcement and contempt. The question becomes, does he have assets to attach that you can reach? If not, you are spending money that you may never see. On the other hand did the account manager have notice of the court order? If so, I think you could sue them for the money if they wrongfully released it.

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Answered on 7/17/08, 9:36 pm


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