Legal Question in Family Law in California

Formal Pleading

I recently received the Order After Hearing, for a divorce filed more than two years ago. In the Order, the Court did not clarify the disbursement of my 401(k). It only gave a partial credit to the other party, which was calculated in the award totals, however it left the 401(k) account intact. Earlier this year, the other party's attorney placed a ''freeze'' on the 401(k) account and has, since then, instructed the Plan Administrator to NOT lift the freeze, pending a Motion she would file. That was over a month ago. How do I go about requesting clarification and requesting that the Court lift this freeze?


Asked on 12/01/03, 4:29 pm

2 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Formal Pleading

One would start with a careful review of the underlying Judgment to ascertain your rights relative thereto. If this is an omitted or unadjudicated asset, the Court has continuing jurisdiction to divide the asset pusuant to Family Code Section 2556.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/02/03, 6:19 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Formal Pleading

Retain counsel before you get taken advantage of.

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Answered on 12/02/03, 11:46 am


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