Idiot mistake and my chances for recovery of $

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Idiot mistake and my chances for recovery of $

Unread postby fortworthdad » Fri Feb 24, 2017 11:50 am

Hey guys,

So recently I've been looking at my IRA and scratching my head as to why it's not as much as I thought it needed to be. Numbers just didn't match so I went back to the email where I tell her how we're going to split the IRA and it was something like Her part =(Balance/2)-20,000. The 20,000 is the pre-marriage balance I had on the account that she agreed to. Well, IDIOT me I must have fat-fingered the calculator and actually did -10,000 not -20,000... SO... I texted her yesterday basically telling her about the mistake and she's silent. So far not a word... if she decides it's finders keepers then what legal recourse do I have? am I screwed? or is there anything I can do to force her to refund me back the 10k? BTW, this agreement is documented in our finalized decree (signed by the judge last August) so it's not like I made up the 20k number I mention above.

Your help as always, is appreciated.
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Re: Idiot mistake and my chances for recovery of $

Unread postby Tom Kirkpatrick » Fri Feb 24, 2017 12:22 pm

fortworthdad wrote:.....this agreement is documented in our finalized decree (signed by the judge last August).....
I'd say it's a done deal. But you should nevertheless run this by your attorney.

BTW - I presume you settled out of court.

Q: At the time divorce was finalized, did you sign a Release of all Future Claims and Interest??

Tom
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Re: Idiot mistake and my chances for recovery of $

Unread postby fortworthdad » Fri Feb 24, 2017 1:35 pm

Tom Kirkpatrick wrote:
fortworthdad wrote:.....this agreement is documented in our finalized decree (signed by the judge last August).....
I'd say it's a done deal. But you should nevertheless run this by your attorney.

OK

BTW - I presume you settled out of court.

Yep

Q: At the time divorce was finalized, did you sign a Release of all Future Claims and Interest??

Yeah, pretty sure the decree states somewhere that there is no claim to anything else in the future.

Tom
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Re: Idiot mistake and my chances for recovery of $

Unread postby lionel2013 » Fri Feb 24, 2017 2:43 pm

Q: At the time divorce was finalized, did you sign a Release of all Future Claims and Interest??


Even if he has, if the agreement is documented in the divorce decree he should be able to get his money back. His is not a future, new claim -- it is a request to correct a mistake which goes against a stipulation in his existing decree.
Whenever you think divorce is bad, remember there are worse things than divorce.
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Re: Idiot mistake and my chances for recovery of $

Unread postby fortworthdad » Fri Feb 24, 2017 3:02 pm

lionel2013 wrote:
Q: At the time divorce was finalized, did you sign a Release of all Future Claims and Interest??


Even if he has, if the agreement is documented in the divorce decree he should be able to get his money back. His is not a future, new claim -- it is a request to correct a mistake which goes against a stipulation in his existing decree.


Thanks Lionel,

Exactly my point. I made a mistake but that doesn't make it her right to claim the 10k. No different than seeing 10k in your bank account tonight if the bank makes a mistake. I think general honesty says we return what is not ours...
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Re: Idiot mistake and my chances for recovery of $

Unread postby fortworthdad » Mon Feb 27, 2017 5:11 pm

hey guys,
Not an issue anymore. She texted over the weekend and said she'll be returning the money.

Thanks all for your prompt responses though.

Thanks!
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Re: Idiot mistake and my chances for recovery of $

Unread postby lovingfatherof2 » Mon Feb 27, 2017 7:36 pm

You lucky SOB, my ex would NEVER return it.
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Re: Idiot mistake and my chances for recovery of $

Unread postby Minerva » Tue Feb 28, 2017 11:45 am

My ex would say she is returning it. Then 6 months later she'll ask "what money? I don't remember that"
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Re: Idiot mistake and my chances for recovery of $

Unread postby Tom Kirkpatrick » Tue Feb 28, 2017 12:42 pm

fortworthdad wrote:Not an issue anymore. She texted over the weekend and said she'll be returning the money.
$64 Q: When??

FYI - This remains an issue until you've endorsed her check and it's been cleared by the bank. Until then, you've got nothing.

Tom
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Re: Idiot mistake and my chances for recovery of $

Unread postby Fatheroffour » Tue Feb 28, 2017 1:31 pm

*Sigh *
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