Legal Question in Family Law in Pennsylvania
helpme
My ex recieved her payment from my 401 K plan as per a quadro filed by a attorney I used for my divorce. She is not happy with the payment. It took over thirteen months for her get her money due to my attorney filing with the wrong organization two times. Because of the delay my ex claims that she lost $596 interest, that is what the account she had the money placed in would of recieved. She is threatening to take me back to court for comptent of the divorce decree, taking so long to get her money and to get the inetrest she claims I owe. Am I responsible for my attorney's action/in action concerning this and can i be held in comptent of the divorce decree ??? Do I owe the money she claims ???? Thanks
1 Answer from Attorneys
Re: helpme
I cannot address the issue of whether or not you owe the amount your ex-wife is claiming without knowing the particulars of your case. Contempt in support or equitible distribution matters is a civil contempt, which is defined as a "willful failure to comply with an order of the court. From the facts you describe, the failure to act promptly does not appear to meet the "willful" requirement. Lack of actual contempt, however, does not mean you will not be responsible for interest or other costs your wife is claiming to have been caused by your actions.
These are factual questions, largely dependent upon the individual circumstances and the evidence in each particular case. I urge you to discuss this with your attorney to plan your response to your wife's claims in advance of any court action she may take.
I wish you the best.
Ilene Young, Esquire/ Civil & Family Practice 215-444-0445
Offices in Bucks, Montgomery and Philadelphia Counties
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.