Start Your Divorce Today - Premium Divorce Online

Topic Options
#769899 - 05/26/15 09:32 PM Collecting Settlement From PERF HELP!
Spayedkitty Offline

recently joined

Registered: 05/26/15
Posts: 1
Hello-
I am in need of help. A little history, I live in Indiana as does my x husband. Our divorce was final in January 2014. We were married for 21 years, no children. As part of the divorce settlement he is required to pay me a portion of his PERF (Public Employee Retirement Account). He has not paid it and money can not be taken out of that account until he retires. If he dies prior to retirement due to the type of account I get nothing. My divorce attorney at the time of the divorce told me I would have my money right away. I just took my x husband back to court pro se, I did not have an attorney. I filed contempt of court against him. The judge told me my x husband does not have to pay me my settlement because it is a PERF account, the judge even went as far as to say it should have never even been entered into the divorce settlement. The judge advised I get an attorney. I can not afford to pay more attorney fees. My X did have an attorney present and luckily the judge did not order me to pay his attorney fees for the contempt case since I lost.

How can I go about getting my money without an attorney. I can NOT afford an attorney. Everything I've looked up thus far says divorces involving PERF accounts should have a stipulation saying the spouse with the PERF account be required to make payments. Dumb me, I didn't have a good attorney so mine doesn't say that.

What can I do? I simply can not wait until my x husband retires, he probably won't even live that long due to his health conditions and if he dies I won't see a penny.

What other way can I take him to court without an attorney besides filing for contempt?

Thank you,
Shauna

Top
#769900 - 05/28/15 07:11 PM Re: Collecting Settlement From PERF HELP! [Re: Spayedkitty]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 770
Contempt already didn't work. You can expect the judge to make the same decision in the future. It appears the money is uncollectable until retires. If you are worried he won't live that long, you could take out an insurance policy for the amount owed, but you would have to pay for it. You might be able to get him to pay for it, but it will require court action and an attorney. An attorney would cost far more than the insurance. Good luck.

Top
#769901 - 06/30/15 08:01 PM Re: Collecting Settlement From PERF HELP! [Re: MinnesotaMom]
Traceface Offline

recently joined

Registered: 06/29/15
Posts: 8
You should sue your attorney. Your attorney must have thought it was a 401K account. I have a pre-paid legal service through my work. It's 8.75 per month. They are going to help me with my divorce. Maybe there is a service or someone that could help you for little or no charge. Also, there is a paralegal in Florida that I've seen in these forums. I think she goes by "Yamil". I've seen her posts and they are very helpful. Maybe send her a private message. MinnesotaMom is helpful too :). Good luck Shauna.

Top



Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: