How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lawrence D. Gorin Your Own Question

Lawrence D. Gorin
Lawrence D. Gorin, Lawyer.
Category: Legal
Satisfied Customers: 1503
Experience:  30+ years of legal expertise. Informed, knowledgeable, helpful.
Type Your Legal Question Here...
Lawrence D. Gorin is online now
A new question is answered every 9 seconds

I went through a divorce and had to have a qdro written. The

Resolved Question:

I went through a divorce and had to have a qdro written. The lawyer that wrote the qdro wrote it so the formula for the company was 50/50 for all the years that I worked for my company. 25 years. I had worked for the company almost 5 years prior to our getting married. I contacted the lawyer and requested it be rewritten to exclude those years we were not married. They said they could not because of the way it was written in the decree. I contacted my ex and she would consider it, but could not afford the costs to go through her lawyer. Do I have the option to petition the court for a change, and how do I do it myself? Also, can an addendum be written to the decree and qdro to make the change ourselves?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the court order was already entered and finalized by the court, if your ex spouse will not agree to the change, then you would have to have appealed that decision within 30 days of entry of the order to change it. If you did not appeal within 30 days of entry of the divorce decree you are stuck with the decree and QDRO as written.

If it has not been 30 days since the order was issued and she does not agree to the change, you can file a motion to reconsider and if the court refuses you have to file an appeal based on the court incorrectly including what should have been your separate property in the calculation of the pension entitlement.

If she does agree to the change you can submit a Joint Stipulation to Modify Decree of Divorce and you would write out exactly what you agree upon and that you agree to have the QDRO modified accordingly and submitted to the court. Once you submit it and the court signs the modification, then the attorney can redraft the QDRO in accordance with that order.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88707
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 17 other Legal Specialists are ready to help you
Expert:  Lawrence D. Gorin replied 1 year ago.
Paul is essentially correct. But if you are going to try to fix the problem here in Oregon, you will need to do so in accordance with Oregon rules. I chime in here only to provide a little additional guidance.

A "motion to reconsider"? No, not under Oregon law. As our Oregon Supreme Court said over 25 years ago, in Carter v. U.S. National Bank, 304 Or. 538, 546, 747 P.2d 980 (1987) (Peterson, C.J., concurring):

The so-called "motion for reconsideration" appears neither in the Oregon Rules of Civil Procedure nor in any other Oregon statute. Lawyers filing motions to reconsider after entry of judgment might better denominate such a motion as a "motion asking for trouble" * * *.

Next, under Oregon law, notwithstanding the terms of your General Judgment of Dissolution of Marriage, if you and ex-wife are both in agreement to do a 50/50 split of just the "martial portion" (20/25) of the pension asset (rather than 50/50 of the whole thing, a stipulated "Corrected Supplemental Judgment" (intended to be deemed and treated as a qualified domestic relations order under applicable federal law) could be prepared and submitted to the court for judicial approval.





===============
Larry Gorin
Customer: replied 1 year ago.

The divorce was final in 2010 and took until the end of 2012 for the qdro to be written and approved by my company. I only found out about the marital split of my retirement when I talked to the company about the money split. She wrote me a return letter that she is willing to revisit the retirement portion. How do you prepare a "corrected supplemental judgement" and submit it. Also the divorce was finalized in another county than which I reside. Can I submit this in the county that I live in now?

Expert:  Lawrence D. Gorin replied 1 year ago.
Further information....

The stipulated Corrected Supplemental Judgment will need to be submitted to the Circuit Court of the Oregon county in which the divorce proceeding occurred. Where you presently reside is of no consequence.

Also, asking "How do you prepare a "corrected supplemental judgment" and submit it." is akin to asking for instructions as to how to do a DIY appendectomy or other surgical procedure. Suffice to say that it is a rather technical undertaking. How to get it done depends on the specific facts and circumstances of the particular case involved, with no two cases ever being exactly the same. It would be advisable to confer with a professional.
Customer: replied 1 year ago.

Thank You. At least I know I can take some action. You have been very helpful. I now have some basic knowledge to work with. Time is of the essence since my retirement begins the end of this year. I will rate your answers if you send the rating part.

Expert:  Lawrence D. Gorin replied 1 year ago.
Further answer:
Again, drafting and processing of a Corrected Supplememental Judgment, if done on a stipulated basis (with you and ex-spouse both being in agreement) should not take very long nor be very expensive, particularly if done by somebody who is experienced in such matters and knows what and how to do it (and do it right).

Be aware that most Oregon family law lawyers who are very good at doing divorce work nonetheless often lack a basic understanding about how to divide pension and retirement interests incident to dissolution of marriage. And the problem is aggravated because they do not know or understand that they do not know what they are doing. And as a result, they often screw things up (as in your case) by not using the right wording in the Dissolution Judgment, which lays the foundation for the QDRO that will be subsequently prepared. Which is why there are only a handful of Oregon lawyers who do QDRO law. So be choosy when it comes to choosing.

Customer: replied 1 year ago.

you have raised a question. should i use the qdro as written and just have the formula changed, or rewrite a new one completely? the company i worked for has a copy online from them to use as a basis. the company is General Dynamics.

Expert:  Lawrence D. Gorin replied 1 year ago.
Your further question:
Should i use the qdro as written and just have the formula changed, or rewrite a new one completely?

Further answer....
The question you are asking calls for case-specific analysis rather than simply general legal information. Obviously, given that I have not seen and reviewed the QDRO that was previously prepared and submitted to the Plan, I would only be engaging in guesswork and speculation were I to even attempt to answer your present question. And that would be unprofessional of me and unfair to you. Again, you need to have the matter reviewed by a competent, experienced QDRO drafter in Oregon who will then be able in fully evaluate the situation and determine how best to proceed.

CLICK HERE for more information.
Lawrence D. Gorin, Lawyer.
Category: Legal
Satisfied Customers: 1503
Experience: 30+ years of legal expertise. Informed, knowledgeable, helpful.
Lawrence D. Gorin and 17 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.