Legal Question in Family Law in Colorado

contempt filed re IRA division years after divorce

I was awarded a 60-40 split of my and X's IRAs as of a set valuation date and amount ($78k each IRA).

Net $15,844 transfer from his IRA to mine. X refused to make the transfer and instead tried to get me to agree to valuing the IRAs as of the current date (three years after the divorce!) Since my account had appreciated and his not, I said no. Nearly 2 years passed and then he filed a motion asking to liquidate my IRA and give him 40% (and Id get 60% of his)..because I'd delayed the transfer (of his paying ME 16k). Well I had a crooked judge and he agreed, plus attorney fees! Now I'm in contempt even tho I did not disobey the bogus orders in any way. I had sold and reinvested som eof my mutual funds back in Feb 2008 before the market totally tanked. Unbelievably, when you add the attorney fees I have to pay, instead of my getting $16k from him, he will get $126, 000 from me if I am found guilty. Need some case law re my IRA being separate property not subject ot division after the permanent orders ruling.

Can you help?


Asked on 10/24/08, 11:06 pm

1 Answer from Attorneys

Re: contempt filed re IRA division years after divorce

You need to file an appeal of that decision right away. There is case law out there. Furthermore, if the Decree was as specific as you describe here, there should be no debate about it anyway. An appeal is your best way out of this problem. The easiest way to get the case law may be to find a paralegal in your neighborhood who will put together the research and maybe even a memorandum for you. They are typically a lot cheaper than attorneys. Hiring counsel might not be a bad idea in your situation either though.

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Answered on 10/29/08, 7:12 pm


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