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Is there any legal reason she is withholding my funds/resources?

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Is there any legal reason she is withholding my funds/resources? I'm being told that they can't provide me with anything until everything is "done". I know that she sat on the QDRO's until after the deadline was up before giving them to her paralegal to complete... that was two weeks ago. It is my understanding that after the 30 day deadline, he can do whatever he wishes with those accounts, including clean them out if he wants to (a definite possibility.) I personally think she's just being a beeotch because I caught her lying to me and called her on it.

Submitted: 1 year ago.
Category: Family Law
Expert:  lwpat replied 1 year ago.


It is my understanding that after the 30 day deadline, he can do whatever he wishes with those accounts

I don't see that he could actually do such. There is a court order for the QDRO's and your attorney should have forwarded the court order to the financial institutions to prevent him from transferring the funds out of their current accounts until the QDRO's are completed. If he did transfer funds to try and get around the court order, then he would be subject to a contempt order from the court. The judge could lock him up.

lwpat, Lawyer
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Customer: replied 1 year ago.

Yes, but the Court Order (Final Decree) states QDRO's must be done in 30 days. That hasn't happened. He did what he was court ordered to do in the final decree. I don't think it's that he would try to "get around" the court order... my attorney is the one who didn't obey the court order. I do know he waited until after the deadline then changed the status of the retirement plans I knew nothing about until February, 2012 because he conveniently "forgot" to include them in discovery. He is now drawing retirement from those plans.

Is there any legal reason she has to withhold my funds/resources because SHE hasn't done what the court ordered?

Expert:  lwpat replied 1 year ago.

Is there any legal reason she has to withhold my funds/resources because SHE hasn't done what the court ordered?

Not that I know of.Any QDRO would relate back to the time of the division so the fact he is now drawing retirement off of the accounts will not matter as to the total you are due.

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