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Hello Vickie,Can you please tell me:(1) the date of your final divorce decree;(2) the name of your state jurisdiction; and (3) why it wasn't filed (i.e. did a lawyer fail in this regard, etc.)Thanks!Ben, J.D.
my divorce was on Feb. 22, 2008, in Oakland county. My attorney said that he did not handle Qdro and would refer me to an attorney who did, but he never did the referel.
Hello again Vickie,
My name isXXXXX'm a licensed attorney. Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you.
Here's how this works, and actually based on your description the situation is likely not as dire as it seems. It's certainly proper practice to file with an employer, and I don't mean to downplay the importance of doing so. However, the really hugely important step is to attend to filing the Qualified Domestic Relations Order (QDRO) with the Court, which fortunately sounds like did take place here pursuant to your Final Divorce Decree. If that's the indeed the case, meaning a proper QDRO (including death protection) was timely filed, then you should pursue the matter by submitting a certified copy to Human Resources. If that was not done, however, then that's another matter entirely and it's very unfortunate. Meaning, to speak candidly, you're out of luck with the employer and if you want to pursue the matter would have to explore asserting a potential claim against your former family law counsel on a theory of malpractice liability.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
so what your saying is that seeing that it meaning Qdro was not filed with my exhusbands employer prior to his death, I am out of luck and there is nothing that I can do?
A claim against my former family law counsel,lol. who would I get to take that on, what a joke!!!!!!!!!