I Went To Court Today

C

Curlykutie

Well-Known Member
and I told the judge I didn't like the agreement but I said I signed the agreement. However the judge told the hubby that 400.00 per month for a year wasn't going to fly she changed the agreement to 400.00 per month for 13 1/2 years. Hubby is pissed at the world but I could have gotten 1200.00 per month for 13 1/2 years plus 100% of his 401K so he's saving 800.00 per month! Do you think I should go back and tell the judge I want a trial and get the 1200.00 or just be satisfied with the agreement as is?
 
Curlykutie said:
I can't afford to pay an attorney that's why I signed the agreement! But the one that I talked to told me the same thing as the judge told me today!
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You cannot afford to not hire an attorney. Trust me on this. Years from now you will regret not hiring an attorney. Think about it. If they get you what it looks like you deserve, even if you owe her $10,000, in one year you can pay her back and get thousands and thousands more over 13 years. You must think long term. $400 per month is not very much. You can do something with $1,200. You can potentially get triple what you have signed for plus the 401k etc. Work out a deal with a reputable attorney and get your money.

Also a good attorney may also be able to make him pay your attorney's fees. Be strong and protect yourself. You were married too long to settle for so little. Do right by you.
 
Good! Be strong! That is your money! You earned it. He is a jerk for wanting to give you so little after being married to you for so long. Get ready for him to fight you. Get prayed up and surround yourself with those who love you. Watch Waiting to Exhale over the weekend for inspiration.
 
OP I don't know your back-story, but at face value getting 100% of his 401k sounds excessive. In California the spouse could only get 50% of the retirement.

I agree if he broke his vows then definitely hit him where it hurts. i just personally think 100% of anything is excessive.
 
I hope she meant 50% cuz that would hurt...a lot. How can someone take all of your retirement money? That means it can happen to me too.
"Hit'em with the PRENUP"
 
Okay ladies here's the deal I had a great interview on Thursday and they want me too come back for a second interview on Monday. If I get the job. The court will consider my wages too and I probably won't get more than I'm getting. The 100% of his 401k is what he put in the agreement so that's why I'll get the 100%! So if I'm working this is how they figure out maintenance 30% of his and 20% of my salary and the whatever that comes to is what I get so working I'll get the same now!
 
fula97 said:
Who agrees to give someone 100% of their 401k? Did he not contribute much to it, or have several don't understand
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That's what he put into the agreement we signed and the judge didn't say he couldn't do it. But I think he did it because his job is taking me off his health insurance and he wanted me to be able to pay for my own. Plus he has a retirement fund and he gets to keep all of it.
 
Curlykutie said:
That's what he put into the agreement we signed and the judge didn't say he couldn't do it. But I think he did it because his job is taking me off his health insurance and he wanted me to be able to pay for my own. Plus he has a retirement fund and he gets to keep all of it.
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I'm still confused since that may not help you in the short term. Do you know the parameters of how is 401K is administered? If you liquidate it and don't roll it over you can have some big tax implications
 
How could you have gotten $1200/month but didn't? Also, people tend to give 100% of something when they have a lot more at stake to lose. Did you have any type of forensic accounting or asset search done on hubby? Did you watch the movie Waiting to Exhale? Folks become masters at hiding assets just in case and it sounds like you don't have the full picture if he's willing to walk away for 100% of anything.

Then again he may have a structured retirement like I do. I can draw special social security at 50 years old because of the type of job I have, plus my pension, plus 401k. My 401k is the least of my assets. So perhaps that is the case here.
 
ElizaBlue said:
How could you have gotten $1200/month but didn't? Also, people tend to give 100% of something when they have a lot more at stake to lose. Did you have any type of forensic accounting or asset search done on hubby? Did you watch the movie Waiting to Exhale? Folks become masters at hiding assets just in case and it sounds like you don't have the full picture if he's willing to walk away for 100% of anything.

Then again he may have a structured retirement like I do. I can draw special social security at 50 years old because of the type of job I have, plus my pension, plus 401k. My 401k is the least of my assets. So perhaps that is the case here.
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Because we made our own agreement and when the judge told him that he had to give me money for 14 years I just stuck with the agreement. He gave me 100% of his 401K because he has a retirement fund and I'm not going to share in that.
 
Curlykutie said:
Because we made our own agreement and when the judge told him that he had to give me money for 14 years I just stuck with the agreement. He gave me 100% of his 401K because he has a retirement fund and I'm not going to share in that.
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Okay so you're okay with it? That's really all that matters. I will tell anyone the biggest win realized in any divorce is your freedom. Even if someone didn't want it, being free is better than being in a situation where either party wants out.
 
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