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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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My PA divorce was signed by a judge on 11/27/2012. Tis was

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My PA divorce was signed by a judge on 11/27/2012. Tis was after a masters hearing report and order. My attorney did not respond to phone calls or emails after he sent me the masters report. I wanted to know about entering exceptions to the master report. My exes attorney did send in an exception, again my emails and phone calls were left unanswered with the secretary always giving excuses for him or promises that I would receive a call back. Well, now that time has past and the decree was signed by the judge and stated that a QDRO should be prepared jointly. Well, again with no response from my layer, I went ahead and contacted pension appraisers since they were the ones that did the appraisal for the hearing. They went ahead and prepared and sent me the proposed order, but I had to get a signature from my ex. He told me to go through his attorney. On 12/21/12 I dropped off the paperwork to his attorneys office along with a letter asking them to contact ME with any changes and/or signed proposed order. I called their office yesterday to check the status and was told that they cannot talk or communicate with me. I simply asked then where was the paperwork that I dropped off, and again was told they cannot speak to me. So, I once again tried to get in touch with my attorney, who I will add was in the office,but would not take my calls. I called three times and sent two emails. The secretary always had excuse for him and the paralegal as to why they could not talk to me. I also know that my email was read since I did get a received receipt. We were married 15 years and my ex lost his job due to an affair with a subordinate officers wife. I have lost everything and do noT want to lose this 49% of the pension that should come to me. What can I do now?? Since the divorce was final I am not receiving the spousal support and my alimony claim was denied. Online research is showing me that if this QDRO doesn't get to his planned administrator I could potentially lose it even though it is a court order . Any advice will be greatly appreciated. Deb R
Submitted: 1 year ago.
Category: Family Law
Expert:  Floridalegalanswer replied 1 year ago.

Floridalegalanswer :

Hello. I understand from your question that you are having some difficulty communicating with your attorney. You may want to look into having a consultation with another attorney to see if they can help you. Or, you may want to proceed by representing yourself.

Floridalegalanswer :

Also, if you feel the attorney has acted unethically or unprofessionally throughout the course of representation you may file a complaint/grievance with the PA bar. Generally, an attorney is supposed to advise you as to time limits and explain your options. So, by not explaining the exceptions process to you, this could be part of the basis of a complaint (along with the lack of communication).

Floridalegalanswer :

As far as the other attorney's office not communicating with you, this is accurate. Generally, an attorney is not allowed to communicate directly with a person when they are represented by an attorney. Your ex's attorney would be breaking the rules if they were to communicate directly with you. If you were to fire your attorney they could communicate with you. Or, if you choose to hire another attorney, then those attorney's can communicate (but again, the other attorney would not be able to speak directly with you if you hire another attorney).

Floridalegalanswer :

As far as the QDRO is concerned, because the divorce was signed on 11/27/2012, I doubt that you have surpassed any potential deadline to enter a QDRO. In fact, many times you could even wait years to have a QDRO prepared and entered with the Court. However, I would not suggest that you delay in getting the QDRO entered. If in fact, you did miss some sort of deadline, that might be another basis of a complaint/grievance and potentially malpractice of your current attorney.

Floridalegalanswer :

In any event, if your ex refuses to sign the QDRO, you can file a Motion for Entry of QDRO with the Court. ( with the same Court Case as the divorce, not a new, separate case). Again, your attorney could file this, or you can fire your attorney and then you can file it. Once, you get to the hearing on your Motion for entry of QDRO, generally, you would explain that you had the company prepare it and you want it entered. If the QDRO accurately represents the terms contained in the Divorce, I doubt it would even get to a hearing and your ex would probably sign it and you could just send in to the Judge.

Floridalegalanswer :

Once the QDRO is signed by the Judge, you will want to obtain a Certified Copy of the QDRO from the Courthouse and send it to the Plan Administrator. Generally, the Plan Administrator will carry out the terms of the QDRO from there.

Floridalegalanswer :

Please let me know if you have any follow up questions or need any clarification on my answer. Otherwise, please RATE and ACCEPT my answer. Thank you and Good Luck!

Expert:  Floridalegalanswer replied 1 year ago.
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Expert:  Floridalegalanswer replied 1 year ago.
Please let me know if you need any clarification. Otherwise, please Accept and Rate my answer. Thank you and Good Luck!
Expert:  Floridalegalanswer replied 1 year ago.
Please let me know if you have any follow up questions or need any clarification on my answer. Otherwise, please RATE and ACCEPT my answer. Thank you and Good Luck!
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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Floridalegalanswer
Floridalegalanswer
Family Lawyer
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I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law