Legal Question in Family Law in Maryland

Re: divorce

Since your agreement was incorporated into your divorce, all of the obligations set forth in the agreement, including the division of the 401k and alimony, are enforceable through the contempt powers of the court. You should retain an attorney and file a petition for a show cause order. The court will issue the order directing your ex to appear in court and demonstrate to the court why he shouldn't be held in contempt.

If the split of the 401k envisioned him liquidating it and your receiving half, the court should issue an order to that effect directed to the fund manager. You or your attorney should find out from the fund manager what kind of documentation they require in order to comply. If he has already depleted the fund below the amount to which you would be entitled, which should be half of its balance as of the divorce date, then you need to ask the court to enter a money judgment against him for that amount. You could then attach his other property or wages to satisfy the judgment.

By the way, his contention that he's not obligated to pay alimony because you have family members living with you is totally bogus. Alimony is usually nonmodifiable if it's part of an agreement properly drafted. If it was not in the agreement but ordered by the divorce judge, it might be modifiable, but he would have to petition the court and get an order before he could legally reduce the amount.