Legal Question in Family Law in Florida

I have been separated (not legally) from my sons father for approx 10 months. he has a $16k 401k that he said he would split with me. but since then he says he cannot get the money out unless there is an emergency or divorce papers. since july 2010 he has been giving me child support for our son which he has been giving me checks from AMSCOT. I find that odd and am hoping he isn't paying me with the 401k money. If he is and is dwindling down the money. Am I S.O.L.


Asked on 3/28/11, 4:57 pm

1 Answer from Attorneys
Elliot Goldstein Law Offices of Elliot Jay Goldstein

You certainly will be S.O.L. if you fail to get this before the Court.

While in a divorce case the Court has some discretion to look at transactions prior to the divorce filing, the farther from the date of filing, the less likely the Court will consider transactions.

If the marriage is over, then it is over.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

Read more
Answered on 3/28/11, 6:51 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida