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LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
Experience:  Experience in handling divorces, custody issues and child support quandries.
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My exhusband and I came to a settlement last April. Part of

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My exhusband and I came to a settlement last April. Part of the agreement was that we split the 401K. I retained the QDRO lawyer last September. He still has not, this does not seem right that he can stall like this, my attorney doesnt answer my calls.
Submitted: 7 years ago.
Category: Family Law
Expert:  LegalEase replied 7 years ago.
If you could clarify, is your issue with your QDRO lawyer, or your ex-husband?
Customer: replied 7 years ago.
My issue is with both, my husband refuses to hire the qdro lawyer and the qdro lawyer says they cannot make him retain them, we have a court ordered judgement from lasty april.
Expert:  LegalEase replied 7 years ago.
Well, your attorney is correct. He can't force your husband to hire him. Does your settlement agreement provide for mediation or alternative dispute resolution if no agreement can be made? You can petition the court to enforce the judgment and see what they can do the speed the process along if mediation isn't ordered first. Your remedy would be to go through the court to enforce the final divorce decree.
Customer: replied 7 years ago.
wehave a final divorce decree, and we hired a judge to be the mediator. how do you pettion the court?
Expert:  LegalEase replied 7 years ago.
If you already have a mediator, then you need to use that mediator to mediate this issue. If mediation is not successful, you will need to file a Motion to Enforce. You can find the necessary forms in your local law library or through your state's Legal Aid website. It's generally your statename plus, like
Customer: replied 7 years ago.
there should be no mediation about the issue of the split 401K, it was part of the settlement that was ordered through the judge.
Expert:  LegalEase replied 7 years ago.
I mean mediating the issue of the QDRO attorney. Is there a reason your husband objects to the attorney? Would he prefer a different attorney or is he just flat out refusing to cooperate at all?
Customer: replied 7 years ago.
he refuses to cooperate
Expert:  LegalEase replied 7 years ago.
Then you're probably going to have to go back to court and have him held in contempt for refusing to abide by the final divorce settlement. This is done by a "Motion to Enforce." You will file it in the court that handled your divorce.
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