What is my recourse if my wife falsified the awarded 401K amount in our final decre?

UPDATED: Jul 27, 2011

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What is my recourse if my wife falsified the awarded 401K amount in our final decre?

I was awarded my wife’s $30k 401k, which she provided proof of value to the court. Her employer is now stating it is worth $24k, and has a loan against it, making it worth $13K. She lied to me, and to the court. How can I collect the full $30K value of this award. I have a QDRO in place. She will be receiving an inheritance soon, would filing a personal lien help? Is she in contempt of court for providing false info on the 401K value? She makes over $100k per year, has no real assets, but will be receiving the inheritance soon.

Asked on July 27, 2011 Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have so many options here.  I am assuming that the documentation that you both filled out for the courts as to your assets was sworn to by both of you.  So she lied to the court - perjury - and she entered in to contract by giving false information - fraud, misrepresentation - need I really go on? You have the option to set aside the agreement you entered in to (it is a contract) and go after her.  If you obtain a judgement then you can indeed go after her salary and possibly her inheritance (some states do not allow creditrs to go after inheritance but that is the exception not the norm).  Call your attorney from the divorce.  Remember to ask for attorneys fees.  Good luck.

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