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In mediation I agreed to buy her out of any marital debt that was solely in her name. It worked out well for me because I got rid of almost $30k of debt for $3500 cash. My plan was to take a loan from my 401k to cover this cash payout. In the decree it states that the payout was due within 30 days of the entry of the QDRO. I was misinformed about the true meaning of the language of this.
Post divorce we disagreed over who was responsible for having the QDRO written, and there was nothing in the settlement that said who's responsibility it was. My atty told me that since she was getting the money, that I should let her worry having the QDRO done.
She wrote a QDRO. Refused to give me a copy for review, and submitted it to the judge saying that i refused to sign it. The judge signed it, she submitted it to my 401k administrator, and they denied it.
So now nearly 3 mos after the judge signed off on the QDRO, she is pretty upset because I have not given her the $3500 as agreed. I will pay it to her. However I don't have anything close to that amount in cash, and cannot access any of the funds in my 401k because it is locked pending the QDRO.
She filed a motion to enforce they payment. My atty told me not to worry about it and let her spin her wheels trying to get time in front of the judge. Hopefully by the time we get a court date the QDRO will be finished and I could go ahead and pay her. This doesnt seem like a very proactive approach to me.
What is my next move? Do I file a counter motion asking for an extension? What is my next move
I'm a little confused about the hearing I had yesterday. It was in fron t of a magistrate and not the judge. The hearing lasted a total of about 8 min. She plead her case, I had a chance to answer, and that was it. The magistrate said that she would turn in her report and recomendations to the judge and then he would sign an order which we would recieve in the mail.
I walked in to this hoping to get something resolved. I was willing to offer that we split the cost of having a QDRO done professionally, and as soon as the funds were released I would pay the full amount instead of payments. I wasn't given the opprotunity to say any of this.
I tried negotiating with NJ afterwards. But she wasn't having it.
The magistrates report/recommendations came in the mail yesterday. She sided with my x. Her recommendation to the judge is that I have 5 days once the order is signed to pay the X. She based this on the lack of wording in the settlement that links the payout to the payout off my 401k. I'm not real happy with my atty right now.
Do I have any options, or do I need to figure out how to < edited > money.