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Roy N. Martin, Attorney and Counselor at Law

Roy N. Martin, Attorney At Law, Roy Martin is a graduate of Johns Hopkins University (Bachelor’s Degree, 1985: Biology, Chemistry, Physics and Math), and of the University of Arizona, (Juris Doctorate, 1996 Magna Cum Laude). Having excelled in law school, graduating 13th in a class of 164, and having served on law review, he chose to practice domestic relations law based on his own personal experience. In his first year of law school, he went through a very difficult divorce. He went back to court to re-litigate custody in his second year of law school. He completed law school while serving as the sole custodian of his two children. He now practices law while raising his children on his own.

(Although Roy Martin is an attorney, he cannot provide legal advice in this Forum. Therefore, the information posted here shall not be deemed legal advice and does not substitute for a thorough legal consultation with a competent domestic relations attorney. Exchanging information with Mr. Martin shall not result in your establishment of an attorney-client relationship with him, nor shall it prevent Mr. Martin from entering an attorney-client relationship with your spouse. Information posted in this Forum is not confidential. Therefore, do not post anything you wouldn't want your spouse, the court, or anyone else to know. Legal information provided by Mr. Martin is specific to the State of Arizona, and shall be presumed invalid in all other jurisdictions.)

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#222634 - 07/22/09 09:48 PM QDRO Discovery Issue
duped Offline
New User

Registered: 07/21/09
Posts: 1
3-18-2003 Husband informs Ex-Wife he has retained attorney to prepare a QDRO to equalize her $30,000 IRA with his Rollover.

3-22-2003 Ex-Wife transfers all IRA funds subject to a QDRO into her corporate investment fund. Husband discovers this late in 2008.

4-02-2003 Ex-Wife withdraws $30,000 from corporate investment and issues a corporate check to pay personal legal fees. Husband discovers this late in 2008.

8-2003 Husband informs QDRO attorney Wife's IRA account is empty. Ex-Wife jerks around QDRO attorney and fails to resolve issue. QDRO attorney quits abruptly, no explanation.

4-15-2004 Ex-Wife deducts $30,000 personal attorney fee on her 2003 corporate tax return. Husband discovers this late in 2008. In 2004, Wife had $90,000 in credit card debt.

7-2009 Ex-Wife files a Motion to Approve QDRO with a valuation date of 3-21-2003.

What are Husband’s options? Can he ask the Court for discovery of the asset after 3-21-2003? Wife's asset to be divided was spent. Does that void a QDRO on the asset? Shall Husband ask Court to order Wife to produce documents beyond 3-21-2003, such as cancelled checks and corporate tax returns to prove tax evasion? Did Wife file a fraudulent tax return? Will the Court dismiss Wife's tax evasion as out of their jurisdiction?

DR

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#225446 - 09/22/09 03:40 PM Re: QDRO Discovery Issue [Re: duped]
RoyMartin Moderator Offline
AZ Forum Moderator
Member

Registered: 01/28/06
Posts: 157
This is way too complex to provide any meaningful information in this forum. You need to consult a domestic relations attorney to determine whether there's a potential to reopen the case or otherwise obtain your share of any funds that were fraudulently hidden. Best of luck.
_________________________
Roy N. Martin, Esq.
Forum Moderator
(520) 628-8900
http://www.creativedivorce.com

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