The motion would be fairly simple, it just needs to detail what you have stated here. For example, it might look something like this:
- A judgment was entered in this case on January 1, 2012.
- Said judgment called for a Qualified Domestic Relations Order (QDRO) to be entered to facilitate the distribution of the husband's pension plan.
- The former wife's attorney drafted the QDRO and the document was approved as to form and content by the former husband on or about February 1, 2012. As the document was drafted by the former wife's attorney, the clear implication is that the former wife approves of the document as well.
- As of the writing of this motion, the former wife has failed/refused to sign off on the QDRO.
- The actions of the former wife are creating a hardship on the former husband as the plan administrator is unable to distribute the asset until receiving the executed QDRO.
- The former wife should be ordered to sign the QDRO immediately so as to facilitate the distribution of the asset.
Don't get too hung up on trying to make the motion perfect, it doesn't need to be. Instead, it simply needs to be sufficient to put your former spouse on notice as to exactly what it is that you are seeking.
Please let me know if anything requires clarification.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.