Contempt?

[tcooptx]

What is the name of your state (only U.S. law)? California

Background: Divorced in Calif. four yrs ago, after 10yrs of marriage, with a Marital Settlement Agreement and separate QDRO. Ex-spouse's employer filed bankrupt and pension plan was taken over by Federal government before QDRO was qualified. Feds requested non-material changes be made to QDRO (i.e. name and address of plan, clarification contingent alternate payee's name, etc) that did not affect separate, community interest formula. Ex-spouse now refuses to sign the new corrected form which was prepared by HIS attorney, and has delayed the process to the extent of showing bad faith. So far I have lost three months of pension income, and will continue to lose monthly payments until the QDRO is signed and submitted to the Feds for acceptance and qualification. I have subsequently left the State.

Question: Should I submit an Order to Show Cause and Declaration for Contempt (Judicial Council Form 1285.60 with an attached affidavit (by US mail) to have the court force his signature on the corrected QDRO? Should a different type of petition be filed to advise the court of the delayed action and bad faith? Can the court order ex-spouse to reimburse the lost income as "costs"? I am representing myself.

[mistoffolees]

Originally Posted by tcooptx

What is the name of your state (only U.S. law)? California

Background: Divorced in Calif. four yrs ago, after 10yrs of marriage, with a Marital Settlement Agreement and separate QDRO. Ex-spouse's employer filed bankrupt and pension plan was taken over by Federal government before QDRO was qualified. Feds requested non-material changes be made to QDRO (i.e. name and address of plan, clarification contingent alternate payee's name, etc) that did not affect separate, community interest formula. Ex-spouse now refuses to sign the new corrected form which was prepared by HIS attorney, and has delayed the process to the extent of showing bad faith. So far I have lost three months of pension income, and will continue to lose monthly payments until the QDRO is signed and submitted to the Feds for acceptance and qualification. I have subsequently left the State.

Question: Should I submit an Order to Show Cause and Declaration for Contempt (Judicial Council Form 1285.60 with an attached affidavit (by US mail) to have the court force his signature on the corrected QDRO? Should a different type of petition be filed to advise the court of the delayed action and bad faith? Can the court order ex-spouse to reimburse the lost income as "costs"? I am representing myself.

I would file the order to show cause. My reasoning is that if you simply ask the court to have him sign the QDRO, he may do it that day - and you're still out several months of pension.

If you file for contempt, then you could ask for him to reimburse you for the lost pension as well as sign the QDRO.