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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31756
Experience:  JD, 16 years legal experience including family law
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Re: QDRO The divorce decree grants me access to my former

Resolved Question:

Re: QDRO
The divorce decree grants me access to my former husbands benefits. I have received the required forms, information and instructions from the retirement provider and circuit court - free of charge. The only action my former husband needed to do was sign the form. Instead he hires an attorney to find out how my accessing the benefits will affect his retirement account. Upon divorce the accounts were divided. The retirement provider provided a detailed explanation to him, which would have been free if he had contacted the provided directly. She explained that his account was not affected and that I was indeed eligible to the benefits.

He and his attorney are stalling; this has been going on since August. At one point saying that my ex would sign the form if I would make their requested revisions - which I did in November and never received the form.

So here's the point of my inquiry. Just received a letter from the attorney stating that my ex wants to be compensated for attorney fees and then he will sign the form. Smells a little like extortion and ransom - especially when the information was free of charge. I am unemployed and need the retirement money to live on. To pay the attorney fee and the ex's peace of mind is a heal hardship. What can I do to get them to sign the form.
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.


In which state was the case pending? Do you have any experience filing motions?
Customer: replied 1 year ago.

State: Florida


No experience. Contacted the Judicial Court/Family Servicess and they provided me information on what needs to be filed, required information and filing fee

Expert:  Tina replied 1 year ago.
Hello again, Joan.

What would typically need to be filed in this situation is a motion to compel your husband to sign the document necessary to receive the benefits the court has granted you. It does not appear there is any basis for them to claim attorney's fees (unless that is stated in the decree) before signing the documents and it does appear they are engaging in stall tactics.

Here is a link that provides instructions on how to file a motion to compel:

http://www.ehow.com/how_8421385_file-motion-compel-florida.html

Here is a link that provides a sample of the body of such a motion:

http://www.kfjlaw.com/practice-areas/florida-foreclosure/florida-compel-mediation-singular/

A motion for order to show cause may also be filed, requesting that your ex be held in contempt for not complying with the court's order. Here is a link that provides a sample order to show cause:

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3& ;ved=0CEIQFjAC&url=http%3A%2F%2Fwww.harrisonlawoffice.com%2Fsourcecode%2Fpleadings%2Ffabian%2FMotion%2520for%2520OSC.pdf&ei=EWDkUKKDDaai2wX6rIGoBQ&usg=AFQjCNHafXgMZAy9y8Y62QZilmaroERddw&bvm=bv.1355534169,d.b2I

Since you have no experience drafting or filing such documents, it would be best to contact legal aid or even an experienced paralegal to asist you in drafting and filing these documents, which should result in the benefits being paid to you.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

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Tina, Lawyer
Category: Family Law
Satisfied Customers: 31756
Experience: JD, 16 years legal experience including family law
Tina and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Is there a way to print your response?

Expert:  Tina replied 1 year ago.
Hello again, Joan.

I'm sure there is but I am not a computer technician. You could use your help button to contact customer service and request them to assist you if you do not have someone available at your location to provide guidance.

I hope that helps you get it printed.

Please remember to provide a positive rating for me so I will be compensated for my time in answering your legal question. Thank you so much and all the best to you!

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