Legal Question in Family Law in New Jersey

Ira distribution in a divorce

I divorced over a year ago. My ex was entitled to a portion of my IRA. My attny drew up a figure and gave it to her attny. My ex ended up firing her attny and hired another one. It seems this fell thru the cracks, and my ex wants the interest applied starting from May 2006, calculated as if it were done at that time. Her accountant is saying that my attny did not complete the transaction I paid for him to do to complete the transfer, to her account. I'm not sure how to handle this, especially since my ex never took action until now, and is looking for more money. I did nothing wrong, and feel I shouldn't be penalized. Can she be held responsible for paying my attny's fees, since we are now not in agreement, and will have to get our attny's involved? I feel she dropped the ball on her end when firing her lawyer.


Asked on 7/25/07, 11:54 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Ira distribution in a divorce

I do not understand the basis for her requesting interest; her entitlement is to the figure she agreed to. This is especially true since the delay has not been your fault.

I assume she has filed a motion and your attorney has charged you to respond to same. She might have to pay your attorney's fee if she loses her motion and you have requested same.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/25/07, 12:04 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Ira distribution in a divorce

This is a tough situation and it will really depend on the judge and how this case was handled up until now. How much can interest possibly be? It may make more sense to just pay her to make it go away but I would need more details before I could give you better advice.

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Answered on 7/25/07, 12:34 pm


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