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Home & Harmony

Ex Demands $12K In Spousal Support Back, So She Files For His 401k And Gets 4 Times More

A tense custody battle turned into a surprising financial twist when a woman found her ex-husband’s attempts to reclaim spousal support backfiring spectacularly. The poster, a mother of two, was forced to navigate through years of emotional and financial turmoil after ending a tumultuous marriage that had left her feeling trapped and abused. What followed was a fight that would ultimately reward her in unexpected ways.

A woman and two small children laying on a bed
Photo by Luiza Braun on Unsplash

The saga began when the poster’s first child was born, leading to her being coerced into leaving her job. The situation worsened with the arrival of their second child, when she discovered her ex-husband’s affair. After dealing with severe verbal, emotional, and occasional physical abuse, she made the difficult decision to kick him out in 2012. Without family support or the means to afford daycare, she faced a daunting challenge in caring for their children alone.

Her ex-husband’s hostility only escalated after their split. He refused to provide any financial support, claiming, “The courts haven’t ordered me to give you a dime!” Things took a darker turn when he allegedly froze her bank accounts and physically assaulted her when she attempted to file for a default divorce. It wasn’t until a judge finally intervened that he was ordered to pay $2,562 in monthly spousal and child support—six months after he had already fallen behind by $6,000.

After securing a divorce, the poster remarried only a year later. However, she was unaware that there was a clause in the court documents regarding spousal support cessation upon remarriage—a detail that was not checked off. Instead of pursuing a piece of her ex’s retirement plan, she opted to keep the spousal support payments. But complications arose in 2017 when her ex-husband unexpectedly filed for sole custody of their children, learning of her new marriage during the proceedings.

In response, she disclosed that she had received a year’s worth of spousal support instead of invoking her right to split his 401(k). To her shock, her ex demanded repayment of that support. Initially ordered to repay it, the judge ultimately increased her child support payments to absorb the repayment, leaving her with an extra $20 each month. Her ex-husband then dropped his custody bid, opting for a more lenient two-week summer visitation instead.

Despite the resolution regarding custody, the poster wasn’t finished. She pursued her ex-husband’s retirement account, which he fought tooth and nail for four years. His refusal to cooperate resulted in sanctions against him, requiring him to pay an additional $600 a month in addition to child support. In January 2021, just before proposing to his girlfriend, the ex-husband made a critical mistake that would haunt him: he pushed the poster to file for the split of the 401(k).

By May of the same year, the poster received the long-awaited disbursement from the 401(k). It turned out to be not just a little more than the spousal support she had initially kept, but over four times that amount, far exceeding her expectations. Initially considering it a fair trade to take the 12k in spousal support, she found herself benefitting significantly from her ex’s relentless pursuit to reclaim it.

The fallout from this financial revelation didn’t stop there. The poster’s ex-husband’s fiancé reached out, placing blame on her for his inability to marry, claiming she “robbed” him. Undeterred, the poster reminded the fiancé that the choice to forego a pre-nup was ultimately her ex’s, highlighting the irony that he had the power to protect his assets but chose otherwise. “If he really wanted to marry her and protect his assets, they could get a pre-nup,” she replied, standing firm in her decision.

Though the poster’s experience speaks to her resilience and the unpredictable tangents of legal battles, it ultimately underscores the difficulties many face in navigating post-divorce finances and personal relationships. The dynamic between the ex-couple continues to shift, leaving unresolved tensions as the poster reflects on her unexpected victory.

 

 

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