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  1. #1
    Join Date
    Jun 2011
    Posts
    15

    Default Ex-Wife Served "Faked" Court Order for 401k QDRO Division to My Employer

    My question involves a marriage in the state of: CA

    My ex-wife and I dissolved our marriage with the help of a court facilitator.
    The filed version of our MSA and Court-Order was apparently missing a page about 401K division.

    A couple months ago she served my employer a copy of the court-order with a page re-inserted (conviniently more than 50% of the 401k). This page she reinserted was part of a settlement proposal and is not in the official court order.

    She was directly dispersed the amount specified on the fake page under a QDRO by my employer.

    She has also used copies of the court order and added faked pages to force the school district to allow the children to attend a specific school she wanted them to attend.

    It seems to me she has done something illegal. What are my options?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Wife Served "Faked" Court Order for 401k QDRO Division to My Employer

    You say "faked pages" - but are you in fact describing her use of an order that includes a page that the court intended to include in its final order, but that was omitted due to a clerical error? And you're sure the omission is not just in your copy of the order?

    You certainly should take her to court if she is making representations about her rights that are inconsistent with the settlement and the order the parties agreed would be entered. You may also return to court to ask that the ministerial error be corrected, and that the missing page be inserted into the order such that it reflects the parties' understanding and what the court intended to order. If your complaint is that she's presenting the order as the court and parties' intended, I would expect her to bring a motion to correct the court's accidental omission of the page from the official order.

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