Have Legal Questions? Ask a Lawyer Now.
Not that I can find. Would it be separate from the child support/jurisdictional/property settlement and consent decree?
There is a joint property settlement agreement that lists what each will retain as there own following the divorce. In that statement there is a section entitled "Real and Personal Property to be Awarded to the Wife" and "Real and Personal Property to be Awarded to the Husband". In that paragraph is the statement "One-half of the Wife's retirement accrued through her employer (then listing the employer).
There is a section under "Real and personal property to be awarded to husband" which states "One-half of Wife's retirement accrued through her employer" (then lists employer).
His attorney is no longer in practice, so he would then go to the court with his decree to obtain the QDRO order from the judge? Does it make a difference if she is still working even part time at that same employer?
Yes, that is correct. You may also want to have the clerk of the court order up the original court file from the warehouse to see if anything helpful is in the file.He would be subject to the same plan rules regarding pay out as the ex. so, he may not be entitled to an immediate payout, but it would be segregated out from the ex's account.It may be helpful to retain local counsel to make sure this is done correctly. It is not really a "do-it-yourself" type of legal process such as small claims court or a traffic ticket.There is no reason to have to learn as you go.I hope this helps.JudgeLaw
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).