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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16396
Experience:  Licensed experienced Attorney
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My divorce decree states that my ex spouse is awarded 50% of

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My divorce decree states that my ex spouse is awarded 50% of the marital portion of my retirement by Qildro order, but it does not state language that awards my ex spouse any other benefits such as Termination refund, partial payment, lump sum death benefit, annual increase ir interest payment or post retirement increases. My ex spouse's attorney however drew up the Qildro Order and elected all of the above but we did not agree to. I am not signing what I did not agree to. What are my legal rights in this serious matter?
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I am sorry to hear about this difficult situation.

Was your divorce finalized and was the QDRO order already approved and ordered by the court?
Customer: replied 3 years ago.

My divorce was 3/26/13. The Qildro has not been signed and approved by the court, because I refuse to sign something that I did not agree to.

Thank you for your follow up.

Are you represented by a local divorce attorney in your divorce case?
Customer: replied 3 years ago.

Yes and he asked me to sign the Qildro order, so that he can present the order to the judge. I told him that I am not signing that order because the klanguage is not in our MSA or the final divorce decree. My attorney has not replied back since Friday. He should have read over the Qildro order and caught this costly mistake by my ex spouse's attorney.

Thank you for your follow up.

Basically, if there is a dispute between you and your ex-husband and you and your attorney cannot amicably resolve this issue with the QDRO, then your attorney would have to file a motion for a court hearing, so this issue can be reviewed and decided by the judge.

If you feel that your attorney has failed to properly represent you in this matter or has not been competent enough to properly review and correct any issues with the proposed QDRO order, it would be a good idea for you to consult with another local experienced attorney to review your legal situation and possibly to represent you on this issue before the court.

I wish you the best of luck and please let me know if you have any related follow up questions.
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