Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My divorce was finalized in May of 2017. My x-husband is…

Customer Question
My divorce was finalized...

My divorce was finalized in May of 2017. My x-husband is entitle to half of my 401k. Settlement agreements states he is to hire an attorney to complete a Quadro. He has not yet done so and I am just wondering if there is a specific period of time this needs to be done or can he do it when ever he feels like it with limitations on time?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

New York State

Lawyer's Assistant: Has anything been filed or reported?

With the overall divorce or just that piece?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that thank you. the divorce is completed and filed but the decree states that my 401k needs to be split with him. neither my attorney nor his mediator handled Quadros so my ex-spouse was to hire an attorney to complete this and he has not done so yet. im hoping there is a statutory limit.

Submitted: 6 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
12/29/2017
Family Lawyer: LegalGems, Lawyer replied 6 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,706
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question
Customer reply replied 6 months ago
No just that thank you
Family Lawyer: LegalGems, Lawyer replied 6 months ago

If the court order does not state a time frame the party wishing for the QDRO to be completed would need to file a motion to compel so that the court may set a specific date; then if that date passes with no action, the party can bring a motion for contempt which allows the court to sanction the party (ie daily fine, award of attorney fees and court costs, etc).

The impetus is on the nonworking spouse to obtain a QDRO because if the working spouse retires, the administrator will make disbursements only to the working spouse.

Just by ordering a qdro, or even a percentage rate for the parties, that does not have the legal effect of allowing the administrator to make disbursements to the nonemployed spouse.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
I do not want to call and I do not want to pay $59
Family Lawyer: LegalGems, Lawyer replied 6 months ago

That is an autogenerated call and I don't participate in that service; so if you have any follow up questions please post here. Thanks!

Ask Your Own Family Law Question
Customer reply replied 6 months ago
just to confirm since the court did not set a time frame and we are both working and not near retirement age he can take as long as wants to start this process?
Family Lawyer: LegalGems, Lawyer replied 6 months ago

Yes, unless a party files a motion to compel since the order did not state a specific time.

But most attorneys would encourage the nonemployed spouse (the one not employed by the 401K) to finalize the QDRO ASAP so they don't lose any benefits should the other party retire early.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 6 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,706
13,706 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My ex has been non compliant with the Divorce Decree!! I was
My ex has been non compliant with the Divorce Decree!! I was suppose to get 100 percent of the 401 k, and doing believe I got that!!! … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
What does respondent prays the court for the following
What does respondent prays the court for the following relief: … read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
13,706 satisfied customers
I am at the final stage of a divorce, just need the final
I am at the final stage of a divorce, just need the final divorce decree to be entered into the Palm Beach County Florida circuit court, and I have been told by my attorney that circuit court is backe… read more
Maverick
Maverick
Doctoral Degree
6,143 satisfied customers
We had a mediated settlement agreement executed on
We had a mediated settlement agreement executed on 6/27/2016. The final divorce decree was drafted but had to go back to opposing attorney be revised. I received the second copy, however there were th… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,526 satisfied customers
My boyfriend wants to get some money from s 401K (Quadro).
My boyfriend wants to get some money from his 401K (Quadro). The problem is his ex wife is supposed to get her money from Quadro before him and she doesn't want to sign the forms. She said she doesn't… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,612 satisfied customers
In a divorce. What ends a courts temporary orders? Does
In a divorce. What ends a courts temporary orders? Does going through mediation and signing the mediation papers end the temporary orders or does the signing of the final decree end the temporary orde… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,526 satisfied customers
QUADRO ON ANNUITY STILL NOT COMPLETE 5 MONTHS AFTER DIVORCE.
QUADRO ON ANNUITY STILL NOT COMPLETE 5 MONTHS AFTER DIVORCE. QUADRO DIRECTIVE WRITTEN INTO DIVORCE DECREE. I AM PUSHING FOR THIS TO BE FILED THROUGH MY ATTORNEY AND QUADRO OFFICE.STILL NOT READ BY PRI… read more
socrateaser
socrateaser
1,031 satisfied customers
I'm recently divorced, as part of the judgment/divorce decree
I'm recently divorced, as part of the judgment/divorce decree article IV retirement reads: The parties agree that they will each keep as their sole and separate property any and all retirement account… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
Can the judge change a mediated agreement if one party does
Can the judge change a mediated agreement if one party does not comply. The divorce is not yet final. In Alabama… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I have been divorced 7 years, a quadro was never filed. I now
I have been divorced 7 years, a quadro was never filed. I now recieve my retirment . I am remarried also my ex just filed a form to appear in court cuz she wants to file a quadro. can she do this? im … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
my divorce was finalized about a year and a half ago. i my
my divorce was finalized about a year and a half ago. i my ex and i do still talk and i mentioned about her going toget the qudro so we can have my retirement divided. according to decree she gets hal… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Im getting a divorce in the state of Texas and my wife and
I'm getting a divorce in the state of Texas and my wife and I agree on how to split up property, cars, bank accounts, and everything else. There are no minor children. We have lived in the state of Te… read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
My wife has been divorced for over a year now and the ex-husband
My wife has been divorced for over a year now and the ex-husband has yet to comply with all of the measures of the divorce decree. She lives in Tennessee and he lives in Utah. Is there anyway she forc… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I was divorced from my first wife in 1992. I will retire in
I was divorced from my first wife in 1992. I will retire in April of this year. My first wife remarried. According to New York State Law, can she still claim any piece of my pension? Mark… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
My exhusband and I came to a settlement last April. Part of
My exhusband and I came to a settlement last April. Part of the agreement was that we split the 401K. I retained the QDRO lawyer last September. He still has not, this does not seem right that he can … read more
LegalEase
LegalEase
Attorney At Law
Juris Doctor
892 satisfied customers
I am going to court tomarrow for Spoucil support a countiuation
I am going to court tomarrow for Spoucil support a countiuation from 2008 when I was awarded this in my divorce settelment My Exhusband is trying to get out of it of course and the attorneys have drai… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
In my divorce settlement I get the proceeds from the sale of
In my divorce settlement I get the proceeds from the sale of the house accept that my ex gets $20,000 and credit cards are paid off and I have to pay him 1/2 of the mortgage payments with the proceeds… read more
Lawboop
Lawboop
Principal Member
Juris Doctorate
202 satisfied customers
In an uncontested divorce, is the spouses 401K and savings
In an uncontested divorce, is the spouses 401K and savings typically split in half in tarrant county, Texas, and can we do this ourselves Thank YouCustomer… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 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