Legal Question in Family Law in New York
Divided 401K
Back in 9/04 my 2nd husband and I divorced spliting his 401K. When papers were signed by the judge, lawyers and my husband and myself, the amount of the 401 was not entered, only the amount of shares. After the plan was settled the persons distributing the plan sent me the entire amount of the 401K with out me knowing. After 1 1/2 years had passed I had to use the money for personal reasons so I had cashed it in and paid peneltities for the early withdraw etc... my x-husband suddenly discovered that the entire amount was disburst to me and wants his money back. At the present time I am not working and have re-married, so he wants my now husband to pay it back and or put a lean on our mobil home that we presently owe 32,000, my x wants the money back personally or through my new husbands business which is an LLC and nothing per-say is in my now husbands name it is all in the business' name. I guess my question is who's at fault here and do I have to pay it back, seeing it was not my error? And can my x go after my new husband through his business or through our personal assets now, seeing my new husband was not a party to and had nothing to do with this matter to begin with, can I go after the persons who made the mistake? Help!!
2 Answers from Attorneys
Re: Divided 401K
Of course you have to repay the money, PLUS, to your EX husband. You took and spent HIS money, without his consent.
Without question your taking and spending the entire 401K investment, was in "bad faith." And, Your response of "it wasn't my fault" (simply a version of a child's lament of "it just happened)," is NOT a defense to what essentialy was your theft, of your EX's property.
Thus, your Ex has the right to attempt to enforce his claim (or money judgment) against you personally and upon any property or asset in which you may have an interest. That property or asset, includes but is not limited to your home, income from ANY source, any joint or separate bank account or asset, you or your husband may have.
Good luck,
Re: Divided 401K
I understand your situation but regardless of this being someone else's error you still spent the money, and now are responsible for this money that you spent.
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