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I was divorced in Kansas in January 2016. My case was very…

Customer Question
I was divorced in...

I was divorced in Kansas in January 2016. My case was very complex. I had abuse issues, stealing of money, but most importantly, military spouse issues. My attorney was not voiced in the area of military entitlements. I had to go to a local JAG attorney for consultation. I took this suggestions back to my civilian attorney and he dropped the ball.

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

Kansas

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

The military chain of command?

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

My former spouse is retired from the USMC. He had a job with a 6 figure salary. He voluntarily left this position about 6 months prior to the divorce proceedings and hasn't worked since. The only monies we have to deal with here are his military retirement. He also has a history of domestic violence. Currently he is in the criminal system for death threats to me and my son. He has taken the route of the Veteran's Treatment Court to not serve jail time and have his record expunged.

Submitted: 2 months ago.Category: Military Law
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Answered in 5 minutes by:
5/25/2018
Military Lawyer: P. Simmons, Military Lawyer replied 2 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 2 months ago

I am sorry for this dilemma. But I do not understand your specific question. Do you have a question regarding this matter?

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Customer reply replied 2 months ago
My attorney was tasked with preparing a QRDO for the 36% of my military retirement. He did not do this. Because me former spouse refuses to work, we only have the military retirement to use for child/spousal support and we can only take 50% of his taxable retirement. Because my attorney did not file the QDRO or get the appropriate help with the military part of my divorce, I have lost over $40,000 in back pay.
Customer reply replied 2 months ago
Can I sue for misrepresentation and negligence?
Military Lawyer: P. Simmons, Military Lawyer replied 2 months ago

Can you tell me, how long ago did this happen (how long ago did the lawyer mess this up)?

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Customer reply replied 2 months ago
I cannot afford the $59 fee for the live call. The divorce was finalized in January 2016, but I just found out today that my attorney should have filed the QDRO. In my opinion, he was negligent in not following the tasks given in the divorce decree and now I am paying the price.
Military Lawyer: P. Simmons, Military Lawyer replied 2 months ago

Sorry..I see now...2016...is that when the lawyer made the mistake? And IF so, why have you waited this long??

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Customer reply replied 2 months ago
I was not aware he was tasked with filing this QDRO until today when I was in court to enforce the back pay. The judge made me aware of this. Also, my attorney knew how to read this document and he did not say a word about preparing this QDRO.
Military Lawyer: P. Simmons, Military Lawyer replied 2 months ago

Thanks
A few mins please...I have some thoughts and will type them up

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Customer reply replied 2 months ago
Also, I met with my attorney after the divorce decree was published. He did not mention ANYTHING about this QDRO. He was interested in going back for a post divorce motion about the incorrect math and his attorney fees. On several occasions, I mentioned the Survivor's Benefit Plan (SBP) which was not addressed during the court proceedings. He stated we only had 30 minutes and he wanted to get the judge's decision on his fees. Henceforth, the SBP was also not addressed in my divorce decree.
Military Lawyer: P. Simmons, Military Lawyer replied 2 months ago

Thanks for your patience,

Well…good and bad news here…

The good news, what you are describing IS professional malpractice. That is, if your lawyer did not understand how to divide up the military and/or did not act in a timely manner (and that seems clear…if they did not act to get the order issued…so you lost out on enforcement of the order? They are liable for malpractice

The bad news?

Primarily the cost…you have to pay a lawyer to sue your old lawyer. And that can be expensive.

The other issue is the statute of limitations. There is a 2 year statute of limitations under KS law on this issue.

That said, I believe you can go back two years…so you can not go back to Jan 16 (that is over 2 years back) but you could go back to May of 16 (that would be within 2 years)

Bot***** *****ne: You have a malpractice case. There is an issue with the statute of limitations that will impact the case, but you should be able to sue to go back for the last 2 years.

You will need to contact a local (KS) attorney to file for malpractice.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 2 months ago
WE were in court in March 2016. I believe I have passed the 2 year limitation.
Military Lawyer: P. Simmons, Military Lawyer replied 2 months ago

You have...but you may be able to have the statute tolled due to your not being able to reasonably discover the malpractice.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 2 months ago
I found your responses insightful. I have contacted a local attorney and am pursuing legal action.
Military Lawyer: P. Simmons, Military Lawyer replied 2 months ago

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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