Failure Spousal Without Consent

State:
Texas
Control #:
TX-01470BG
Format:
Word; 
Rich Text
Instant download

Description

Texas courts are statutorily empowered to enforce their orders by contempt. However, a divorce decree that awards a sum of money, payable in a lump sum or in future installments, is generally not enforceable by contempt, unless either:


1. Payment is to be made from a fund that exists at the time of the decree; or


2. The decree awards the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or non-vested right to be paid in the future; or


3. The award is for temporary spousal maintenance, as when, following a long term marriage, a spouse lacks the ability to work and earn money to be self-support



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  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance
  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance
  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance

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FAQ

Some 401(k) plans require spousal consent whenever a participant takes a distribution. Others don't require spousal consent for distributions or loans. Rather, it's required only if a participant wants to designate a primary beneficiary other than his or her spouse.

Current law permits one spouse to withdraw the entire amount without the other spouse's consent or knowledge, and that could potentially prove devastating to a family's future finances.?

When are 401(k) plans required to obtain spousal consent for distributions to participants? ANSWER: Spousal consent is required if a married participant designates a nonspouse primary beneficiary and may be necessary if a 401(k) plan offers one or more annuity forms of distribution.

The purpose of the spousal consent is to ensure the company ? and, in particular, all of the owners in the company ? that one of their spouses does not later claim to be an owner in the company, thus jeopardizing the ownership structure in the company and potentially introducing an unwanted owner into the company.

Spouse must consent to the waiver of the annuity to receive a cash distribution of RMDs. ? Otherwise the RMD must be an annuity payment.

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Failure Spousal Without Consent