Quote Quoting Xena
View Post
Could this be a typo that was actually supposed to state that the support was to be paid out of ex's portion of the 401k?
No... What follows is what the judgment said in regards to the Retirement Savings Plan (edited for privacy): a. The Retirement Savings Plan is awarded in its entirety to Petitioner, b. The court finds that the 401k is a community asset and had a value as of (date) of $73,000. c. The court also finds that the Respondent borrowed $18,000 against the 401(k) and that Petitioner had no knowledge of the loan. Respondent alone will be obligated to repay this loan and will indemnify and hold Petitioner harmless from the loan as well as any tax liability as a result of this loan. d. The amount of the 401(k) awarded to Petitioner will be an offset against Respondent's child support and spousal obligations.

The total value of our retirement accounts were, at time of separation, about three times the amount of this remaining retirement account. He had plenty of time to clean them out before the divorce proceedings began. The only thing left on the table by the time he went to prison was the 401(k) from his last employer (which is the subject savings plan I referred to above.)