Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I was married to my husband for 13 years... he had a pension

Customer Question
through a 17 year employment...
I was married to my husband for 13 years... he had a pension through a 17 year employment with a university. I do not. It was not in our divorce agreement for me to have half the pension... we had another agreement for my son'ts college tuition (paid into an account by age 18), that my ex hasn't followed through on I'm wondering if the best way to protect the money for myself and son would be a QDRO
JA: When we are ready I'll take you to the appropriate web page.
Customer: Just not how sure how complex it will be to get it done since it wasn't in our original divorce agreement. Do I need the court order before I approach the plan administrator?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: Not at this time. Our divorce has been final since May 2011
JA: Anything else you want the lawyer to know before I connect you?
Customer: We have been amicable, but this obviously won't thrill him so just wanted to get some info before I approach him about it
Submitted: 4 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 hours by:
7/24/2017
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,596
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The plan administrator cannot divide the account or provide you with any information on it without a court order. QDRO is the name of the document you'll give to them, but first, you'll need the judge to rule that you have a right to this money. Typically, only the child support or alimony portion of a divorce decree can be reopened after the fact. It's more complicated to reopen the property settlement. If the pension isn't mentioned at all in the decree, you can claim it was a forgotten asset and use that to ask the judge to enter a new order. If the decree says that he gets to keep it, it will be extremely difficult to get any of that money. It may be possible to use the fact that he isn't following the agreement regarding tuition to get him to voluntarily pay you and avoid going back to court. But you're really talking about two separate issues.

He's in contempt of court for not paying the tuition. You can go back, file an Order to Show Cause, and ask the judge to penalize him for not following through. Your divorce decree may allow you to seek attorney's fees from him, because he's making you go back to court by not complying. The judge can order him to pay you interest on any past due amounts. You may also be able to get a judgment that can be used to garnish his wages if he's still working, or to take money out of his bank account.

It's possible that if you tell him you're planning to take him back to court, he may be willing to work with you. If the two of you can agree that he'll give him half his pension, a judge will uphold that.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Family Law Question
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,596
30,596 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My ex will not pay alimony. He paid until child support was
My ex will not pay alimony. He paid until child support was done and now he owes alimony for one more year, how can I get it? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
30,596 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
Divorce, and wife asking for $850 in alimony in settlement
Divorce, and wife asking for $850 in alimony in settlement draft. She is working, in great mind and physical health. She makes 42k while I make 67k as a teacher. This is on top of $820 for child suppo… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I will be divorced next week on the 20th with a alimony
I will be divorced next week on the 20th with a alimony agreement incorporated into the divorce decree. My spouse and I agreed of the terms of the agreement. It is to paid indefinitely because I am di… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
I have a child support order and have been divorced. My ex
I have a child support order and have been divorced. My ex husband threatens not to pay it or pays late every month. How can I get the court to have him pay to a third party? … read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
Can family law judge order to keep child support case at
Can family law judge order to keep child support case at family court even one parent open the claim at DCSS? I have been fighting to find my husband true income as he has been hiding it. He is a busi… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
NJ Family Law ... Im currently providing child support for
NJ Family Law ...Im currently providing child support for my 23 year old daughter at $360 a month and my 16 year old daughter at $440 a month. These payments go to my x wife. We have joint custody and… read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
My exhusb. is trying to cancel out alimony and child support
my exhusb. is trying to cancel out alimony and child support in CT can that happen just becausee he asked … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
30,596 satisfied customers
Family law question. Texas child support question. My oldest
Family law question. Texas child support question. My oldest graduates from high school tomorrow. Of course I knew child support would decrease. I have one younger daughter. Child support was $1923 pe… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
Family law/child support. Indiana. Child support has been
yes,child support has been filed . He owes the medical fee part , there is a formula/ a percentage he owes if payments made are above what i am suppose to pay … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
The plaintiff in my family law(paternity and child support)
Hello again!The plaintiff in my family law(paternity and child support) has provided incomplete financials, missing tax and income data for 2016 and 2017. Can I file a motion to dismiss? A motion to c… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x