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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116757
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My divorce has been filed and finalized since April 2015. We

Customer Question

My divorce has been filed and finalized since April 2015. We have paid upfront $2500 to a QUADRO lawyer and I have yet to see the $200,000 from the pension, Profit Sharing and 401k that has been agreed to and legally mine.
The company has put me off and taken their time and the lawyers office is continually making mistakes etc.
Is there any legal avenues I can take in order to get this done?
I have had breast cancer in the lastonishing year and would seriously like my money before I die
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
I have heard nothing but excuses and lies from both my ex-husband s company as well as the QUADRO lawyers office.
The last situation I found out about today was that the lawyers office filed the wrong paperwork on June 7th....received it back on July 7th and refiled the correct paperwork....according to them...not until July 27th! I lost another month and a half to add on to the laSt 18 months!
Customer: replied 11 months ago.
There must be some legal rights to protect me and to ensure the processing of my money in a timely manner
Expert:  Law Educator, Esq. replied 11 months 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.
I know these matters are frustrating and slow, but had the paperwork been filed correctly it would have helped speed things up. There is no law on the speed that these matters have to be resolved, but typically 3-6 months from receipt of the QDRO is the time it takes a pension plan to release funds, since they have their own paperwork to do regarding the accounting on the pension plan and to make sure they get the account balances correct and have all the payments done correctly.
What took them so long to do the QDRO to begin with is another issue, typically the QDRO attorneys run about 6-10 months on getting QDROs out because of the fact they are just so busy and they have to make sure they have the plan information down correctly on every order they do. However, if the attorney filed it incorrectly and has been not properly doing the job you paid him to do, then if you end up losing any money as a result of his delays, you can sue that attorney for malpractice at the end of everything.
Customer: replied 11 months ago.
I was told that the amount that was calculated and given to me when the paperwork was filed...was set. That it could not go down but could possibly be higher due to losses and gains this true?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
The amount should not go down because the amount was fixed at the time the divorce was entered, but yes it can increase because of interest on that money that was fixed at the time of divorce as your community property share.