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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38878
Experience:  Retired (mostly)
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What are the steps I take in filing fl-460

Customer Question

what are the steps I take in filing fl-460
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
I have it filled out, but what do I do now? What forms do I send my ex before I file it with the court?
Expert:  socrateaser replied 2 years ago.
Hello, and thanks for asking me to answer. Before I start explaining the nuts and bolts of what you do with the form, can you please tell me what it is you're trying to accomplish? The FL-460 is not a universal "one-size-fits-all" form for obtaining payment from an ERISA-qualified retirement plan. The Form is frequently used by laypersons and attorneys for the wrong purpose -- with the result that the court rejects the form, outright, and a lot of time is wasted by all. Thanks in advance.
Customer: replied 2 years ago.
I am seeking to obtain child support arrears in excess of $30,000 from my ex's retirement account.
I need to know the process by which I file the form - as in what I do first - Proof of Service by Mail? And with which documents attached? I just need to know what happens before I send everything to the court.
Expert:  socrateaser replied 2 years ago.
Has the court already determined the other parent's arrears?
Customer: replied 2 years ago.
Of course.
Customer: replied 2 years ago.
I really don't need to know if FL-460 is the correct form or if my case is valid - I'm good there :)I need to know the steps leading up to filing it with the court.1) Send Proof of Service to my ex
2) Attach which docs? Forms FL-300 and FL-320?
3) Wait for a response?
4) Send all docs to court to be filed?Also, do you see a difference between FL-335 and FL-686?Thank you!
Customer: replied 2 years ago.
BTW - this is in Los Angeles county, but I'm in Atlanta, GA, so I have to do everything via mail.
Expert:  socrateaser replied 2 years ago.
Okay, I think I understand. Assuming that your child support orders were made by the L.A. County Superior Court, then because you are out-of-state, and because the Superior Court will require that you appear in person at the hearing to present your request for orders, I suggest that you contact L.A. County Department of Child Support Services (DCSS), apply for services, and let DCSS attempt to recover the arrears. DCSS will assign an attorney and file the necessary court documents. DCSS can arrange for your telephone appearance from Georgia, under the Uniform Interstate Family Support Act (UIFSA). You may also have to apply for services with Georgia DCSS, in order to coordinate a UIFSA action. This may all seem unnecessary, but you will not get your QDRO without at least one plane ride to Los Angeles, which means a fair amount of money burned on travel, room and board. So, I think you would be better off trying my suggested approach, before you move forward with a "do-it-yourself" action. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!
Customer: replied 2 years ago.
I have already filed my FL-460. They rejected it because I didn't serve the Proof of Service by Mail. I do not need to appear in person, nor do I need for DCSS to recover the arrears (they won't). You are incorrect in most of your response - I have been handling much of this already and have answers to all of that. I have asked time and again what the steps are to filing an FL-460 and you have not answered. Thank you, ***** ***** would like a refund, as you have been of no help to me.