Legal Question in Family Law in Ohio
i was given an uncontested divorce and was awarded money from martial assets, believe it came from 401k. spouse contends they dont have to pay till they retire. they say they are going to contest the divorce and take me back to court
is this true?
1 Answer from Attorneys
In Ohio, a divorce case can be reopened pursuant to a Rule 60(b) motion (in which the other side pleads excusable circumstances for its failure to participate in the case the first time) or the other side could plead that there was never adequate service of process (basically telling the court that they never knew about the case and thus had no way to contest the issues). If the court reopens the case then anything can happen.
But if the other side knew about the case and just did not bother to respond, it would be very rare for a court in Ohio to reopen the case and let it be re-litigated. As for the 401k split, what happens is that the court would file an entry called a QDRO (Qualified Domestic Relations Order) which orders the entity in charge of the retirement funds to put you on the account and make payouts to you in accord with the Court's order when the time comes (when the other party reaches an age when distributions are appropriate).