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My ex-wife filed a show cause, we went to court and the

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Hello, my ex-wife filed...

Hello, my ex-wife filed a show cause, we went to court and the judge ruled in my favor, my ex-wife was not happy, so she went ahead and filed the same show cause again for the exact same issue, is this permissible? I am not talking about an appeal, she actually filed the same show cause that we already appeared before the judge and he ruled. Can she file the same show cause again?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Spotsylvania , VA

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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

Yes, can I sue her atty for filing the wrong qdro, it cost me $4000 to have the qdro disputed and cancelled. Her atty said she made a mistake and filed for the wrong retirement acct?

Submitted: 7 months ago.Category: Legal
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11/29/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,472
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience The answer to your question is no. If this is not an appeal, then you can use the prior judgment as a defense to having the court hear this case. You should argue that the rule of res judiciata (claim preclusion) and collateral estoppel (issue preclusion) bar them from hearing this case. What other questions did you have for me today?

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Customer reply replied 7 months ago
Hello, can I sue her atty for filing for my retirement acct Fidelity, in my divorce decree it clearly states my retirement Fidelity is not included, omly my PBGC, her atty filed qdro for my Fidelity and it cost me $4000 in legal fees to have the judge to sign off on it, and send court order to Fidelity to cancel her claim to 1/2 of my Fidelity acct. Her atty said it was her mistake, may I sue for legal fees? Thank you
Customer reply replied 7 months ago
her atty filed for the wrong retirement qdro, my Fidelity acct., it is not part of my property settlement, only my PBGC acct was included in the divorce. I had to pay $4000 for my atty to go have a judge sign new order to cancel qdro for my Fidelity acct. Her atty admitted she made a mistake. Can I sue for legal fees? Thank you
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about that situation. You may not be able to sue the attorney; however, if it was court ordered to not go through Fidelity, but she did anyway, then you may need to bring a motion for contempt of court to recoup the fees that you had to pay to have the thing unwound.

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Customer reply replied 7 months ago
Hello, my court ordered divorce stated that my Fidelity acct was not part of my divorce settlement. Her atty said she made a mistake and filed a qdro for my Fidelity acct. The judge made a mistake and signed the qdro for my Fidelity acct without confirming that my divorce decree forbid it. I went to the court and the court made a mistake because they never provided me with proper notification ( clerk told me I was not properly notified). You are stating that I have no legal recourse to get back the $4000 it cost me in legal fees to reverse the qdro that was filed incorrectly by my ex-wife's atty? How can that be legal, fair? Thank you
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry, my message must not have gone through. Here is what I said:

I'm sorry to hear about that situation. You may not be able to sue the attorney; however, if it was court ordered to not go through Fidelity, but she did anyway, then you may need to bring a motion for contempt of court to recoup the fees that you had to pay to have the thing unwound.

If one party has to pay out of pocket for something that was in violation of the court order, then the court can require that the other side that was in contempt pay the other party for the hassles that they went through. That is the best legal procedure that I would recommend going through. Of course, you can always settle this privately with the attorney and your ex as well. What other questions did you have for me today?

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Customer reply replied 7 months ago
Please tell me what I would need to do on my own through the court, ( what do I need to file specifically, what form) to require that the other side that was in contempt pay me for the hassles that I went through. How can I do this on my own without an atty? Thank you
Lawyer: Legal Eagle, Lawyer replied 7 months ago

So, because I don't know what specific court the order was made in, I couldn't tell you for sure what specific forms that you need to file. However, generally, you need to draft up your complaint on 28-line pleading paper and file it in the court where the order was made. You'll also need to serve it on the other side. I know of a place that sells template motion for contempt documents where you can just "plug and chug" most of your information and it takes some of the guess work out of it. You can click here to get started.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

My recommendation would be to speak with the court clerk about what specific forms you need because it varies greatly by courthouse. Also, I would probably recommend going to www.thumbtack.com to find a process server to serve the attorney that made this mistake. It's relatively cheap to find a process server, often under $50. Keep in mind that the court may require a fee as well to do this. What other questions did you have fo rme?

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