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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Can you explain what is means is non-legal terms 6/16/2011

Resolved Question:

Can you explain what is means is non-legal terms?

6/16/2011 MEMO, AFFIRMATION, MOTION, NOTICE OF CROSS MOTION, AFFIMRATION, MEMO, NOTICE OF MOTION RO COMPEL-COPY
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
What is means is that the other party is moving the court to order you to agree to the disbursement of funds and to hold that the order to disburse is valid and force you to comply with it.


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Customer: replied 3 years ago.
So If I do not comply, What are the consquences? What about personal property, is that grounds to withhold the disperment?
Expert:  Law Educator, Esq. replied 3 years ago.
If you do not comply and the court orders you to do so, then the court can order you to pay the other party's attorney's fees and can even order you placed in jail until you comply. However, if the other party has not complied with the other part of the order, then you need to file your own motion to compel and order to show cause for contempt and ask the court to order them to turn over that property as well.
Customer: replied 3 years ago.

Since this was filed by a lawyer and I am no longer working with mine, can this motion to compel be filed by me?

 

If so, how do I go about it?

 

 

 

Expert:  Law Educator, Esq. replied 3 years ago.
Yes you can file it on your own, but you will need to get a copy of one of the other motions filed in your case to copy the format for your own motion. You can also go to the local legal aid office or the local law school for some assistance in completing the motion to file it.
Customer: replied 3 years ago.
Where do I file it? County clerk .
Expert:  Law Educator, Esq. replied 3 years ago.
You file it with the clerk of the court where your case is currently being heard.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90218
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
thanks
Customer: replied 3 years ago.

I have another question, If this motion was filed on 6/16 and the QRDO was drafted without any involvement of my lawyer, in fact we had not even viewed the the request to the third party administrator to release the funds. How can this motion even be considered legimate?

 

My lawyer was required to sign off on the QRDO, after we both had a chance to review it, and we never did.

Expert:  Law Educator, Esq. replied 3 years ago.
If it was never reviewed and agreed upon then this is your ground to dispute signing it, unless the court finds it was drafted in accordance to the court ordered agreement and then the court can hold that because it was exactly what the court ordered, your approval of it was not required.
Customer: replied 3 years ago.

My lawyer had to sign, but the point the motion was filed before any of the work was done. How can you file a motion that holds me accountable or in contempt, if I have never got it??

 

 

 

Strange.

Expert:  Law Educator, Esq. replied 3 years ago.
If your attorney received the motion, then you are liable for it and it may be that your attorney committed malpractice in not getting your approval of the terms.
Customer: replied 3 years ago.

No my attorney never received it until after this motion was filed. He then contacted me to review and approve it.

 

My point is ,the other attorney, ex-wife filed this motion before we ever had the paperwork that is required to transfer the funds in the QRDO.

 

How can this be done?

Expert:  Law Educator, Esq. replied 3 years ago.
Your attorney then had a right to file an objection to the motion upon receiving it. This is a procedural issue and basis for appeal in the court.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90218
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
thanks again
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you.
Customer: replied 3 years ago.


6/16/2011 MEMO, AFFIRMATION, MOTION, NOTICE OF CROSS MOTION, AFFIMRATION, MEMO, NOTICE OF MOTION RO COMPEL-COPY

 

Any chance this could be the QDRO itself as opposed to non-compliance to disperse funds?

Expert:  Law Educator, Esq. replied 3 years ago.
No, it would state motion for QDRO, now it could be a motion to affirm the court order to issue the QDRO, but without reading all of the documents that is only a speculation.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90218
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
affirm?
Expert:  Law Educator, Esq. replied 3 years ago.
I cannot read the pleadings so I am guessing. They may be moving to affirm the issuance of the QDRO without your signature. In other words they may be asking the court to issue the QDRO without you signing it since you have refused to sign it.
Customer: replied 3 years ago.

If I send it can you explain it?

Expert:  Law Educator, Esq. replied 3 years ago.
We cannot review such documents in this forum, it is well beyond the scope. You can post certain paragraphs if you have questions but we cannot review the entire document.
Customer: replied 3 years ago.

Can not attach it to this. where can I forward too?

 

 

 

Expert:  Law Educator, Esq. replied 3 years ago.
That is what I was trying to explain, we cannot get contact in any manner other than this forum and this is why your request may be a bit beyond the scope of this service.
Customer: replied 3 years ago.
Thank you. I understand. You have been a tremendous help.
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90218
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you

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