divorce settlement fraud?

[pamoore]

What is the name of your state? Arkansas
My divorce is final but the settlement is still pending. My ex-spouse offered to share the 401K which requires a QDRO. He "also" offered to share 2400 shares of stock if I agreed to sign a quitclaim on our home. I now find out that the 2400 shares of stock are a part of the total 401K and can not be shared. Is this considered fraud as he knew all along that the stock could not be shared???

 

[Pfaffing85690]

On what theroy of law would you base a fraud charge. It sounds to me, based solely on what you have posted, that this is good old horse trading.

 

[pamoore]

maybe I didn't make my case clear. In the court ordered settlement it stated - The 401K will be shared. This will require a QDRO. The stock will "also" be shared. Offered as 2 separate items.
My ex knew in advance that that the stock could not be shared, yet he entered it into a legal agreement as a bargaining chip for his advantage.

 

[Pfaffing85690]

My divorce is final but the settlement is still pending.

THAT is your quote. And now you say that there IS a court ordered settlement.

Which is it?

 

[pamoore]

I'm sorry, I do not know the proper legal language to use. My divorce decree was filed and I was no longer married as of 02/19/03. We had agreed upon a divorce settlement that we had to follow or be in contempt. He is not following his agreement in the settlement. This settlement was part of the divorce decree. He can not follow his part of the settlement because he promised something he did not have.

 

[Pfaffing85690]

O.K. and now what does your divorce attorney say when you questioned him/her about this?