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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33651
Experience:  16 yrs. of experience including family law.
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My ex-wife's lawyer filed a QDRO to split my retirement

Customer Question

My ex-wife's lawyer filed a QDRO to split my retirement accounts with my ex-wife. She filed paperwork that was awarded $20,000 more to my ex-wife than she should receive according to the divorce decree. I did not approve the QDRO. The lawyer will not re-file the QDRO with the correct amounts. What options do I have?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...I am not sure I understand...did the court approve the proposed QDRO?

Customer: replied 1 year ago.
The court approved it
Expert:  P. Simmons replied 1 year ago.

Thank you, ***** ***** for the delay.

If the court approved this, it is likely too late to do anything. Is there a reason you did not resolve this when you got notice the court was going to consider this?

Customer: replied 1 year ago.
I was provided with a copy of the QDRO before it was presented to the court. It was filed without my knowledge
Expert:  P. Simmons replied 1 year ago.

Thanks
Did you or your lawyer "sign off" on the proposed QDRO?

Customer: replied 1 year ago.
Not that I am aware of. We were provided drafts that had errors, but never saw the final order
Expert:  P. Simmons replied 1 year ago.

Thanks

The purpose of the QDRO is to, among other things, divide up a pension as part of a divorce.

If you were not permitted to provide evidence to the court on this matter, you may want to have your lawyer file a motion with the court to modify this QDRO. IF you can prove that the information on the QDRO is not accurate (they did not properly divide the pension) the court has the power to make those changes

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.