NJSBA Family Law Section

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Stolen Retirement assets pending QDRO

  • 1.  Stolen Retirement assets pending QDRO

    Posted 03-28-2014 12:41 PM
    This message has been cross posted to the following Discussions: Solo and Small Firm and Family Law .
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    I have a post judgment client who divorced her husband several years ago. Pursuant to the divorce she was entitled to his 457 retirement account upon his retirement.  The entire account. Husband and Wife sell marital home and Husband moves to PA with new wife.   We were in Court in November regarding moneys he had wrongfully removed from this retirement account and an order was issued for him to pay same back to my client and do the QDRO to transfer the remainder of the account to her.  He never pays her the money due that he wrongfully took.  He never pays for the QDRO so my client advances the fee for same we have Troyan prepare the QDRO, the draft goes to plan administrator only to find out today from Prudential that the account no longer exists and was closed out by the Husband. He has evidently stolen the remaining funds.  I know I file a motion in family to have a judgment issued against him but he doesn't live here.  How do I enforce same?  He is a retired cop with a pension being paid out and his child support is being wage garnished but I'm pretty sure I can't use it to get these monies.  Any suggestions would be greatly appreciated.  TIA 

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    Jennifer Armstrong Esq.
    Brick NJ
    (732)281-6000

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