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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6422
Experience:  20 years of professional experience
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I've been through a messy divorce which is mostly done now,

Customer Question

I've been through a messy divorce which is mostly done now, but there are still three reserved issues, one of them the equalizing QDRO. The division is very straightforward and a QDRO company has already prepared all the paperwork for the court, but my ex-wife is now refusing to sign the orders, against the advice of her own lawyer. She is making unrelated demands that I do not want to comply with. My question is: can I file a RFO to finalize the QDRO without her signature? What forms do I need?
Some details:
- San Francisco, CA Court.
- I'm representing myself.
- Date of marriage: 3/18/1995
- Date of separation: 12/31/2011
- Date of retirement account joinder summons: 5/12/2014
- Date of bifurcation: 8/22/2014
- Date of judgement on reserved issues: 5/12/2015
Relevant sections from that judgement:
3.1. Social Security. The Parties retain their respective Social Security benefits, including any derivative rights to which they might be entitled by virtue of their marriage to each other, as their separate property pursuant to federal law.
3.2. Deferred Compensation and Retirement Benefits. The Parties have community and separate property interests deferred compensation plans, including Wife's Fidelity account and Husband’s Hughes DCP and TDA Plan and UC DER and 403(b) Plans and a Google 401K Plan.
3.3. Qualified Domestic Relations Order. It is anticipated that the Parties will enter into a stipulation for a Qualified Domestic Relations Order to divide the deferred compensation provided for in the Plans, which will be prepared by the office of Moon, Schwartz, and Madden as set forth here.
Community retirement funds will be divided by a QDRO calculated by a pension expert (Moon, Schwartz, and Madden) before 9/19/2018. The cost for the pension expert will be equally shared 50%-50%.
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Customer: replied 1 year ago.
OK, sounds good.
Expert:  Maverick replied 1 year ago.

1. You will want to fill out as much of this form as you can and present it as a proposed order for the judge to sign after a QDRO hearing is scheduled, noticed, and takes place.

2. Use this form to request a hearing.

3. Serve a copy of both on the ex.

Customer: replied 1 year ago.
The form you point to is: FL-460 - Qualified Domestic Relations Order ***For Support***
I'm looking for an order ***For Pensions*** only. Is FL-460 relevant to that, too?I'm interested in switching to a live phone call to look at these existing documents together: that possible?
Can you also give me a walk through the forms that I need to submit to the court, to point out the places that I need to fill out, and places that I can ignore?
Expert:  Maverick replied 1 year ago.

I am not able to do the live phone call at this time. I will opt out and see if another expert can assist you. Your deposit is still in tact and you need not do anything.

Customer: replied 1 year ago.
Thank you!