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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118200
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband and I went thru a divorce and He had 12 months to

Customer Question

My husband and I went thru a divorce and He had 12 months to file for a quadros and never did. My question is, 3 years later, do I have a leg to stand on if I take him to court to show the judge he never filed?
Submitted: 1 year ago.
Category: Family Law
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 for educational purposes only.

Yes, you still have a ground to take him to court with a motion for an order to show cause for contempt of court to force him to submit the QDRO and the court will order him to do so. If you go back to court and win on the contempt motion, the court will also order him to pay all of your court costs and legal fees associated with having to take him back to court. If he was ordered to do this, then the court will hold him liable, even though it has been 3 years. In fact, the fact you have been patient for this long shows your reasonableness prior to going to court, which works in your favor as well.