qdro and other divorce advice

[d-termined2002]

What is the name of your state?nevada clark county i have not filed for divorce yet,due to a lack of funds for the lawyer's
retainer. i have been married for 20 years three children and i have been a stay-at-home mom. our mutual decision for me to be unemployed to be the main nurturer for the kids. He is now unwilling to be fair or agree to any legal joint divorce requests.
he recently nov 1 was fired from his job of 16 years. he has chosen to receive his Netbenefits in one lump sum disbursement.
my notorized signature giving my approval (as the spouse) was required by the plan administrators, i don't know how he got around that. but i must act immediately to stop the disbursement from going entirely to him. he is an addicted gambler, and myself and my children are about to lose the home, and have nothing but debts. We filed bankcruptcy 6 years ago, have had four cars repoed, and owe many debts for past due bills. someone please advise me what i can do, having no money to work with. The pension lump sum is $54,000 and our present home equity is about 70,000 if it stays out of default.

 

[abezon]

1. Call AND write the pension fund informing them that you did not sign the authorization for lump-sum disbursement and that you will sue them for breach of fiduciary duty if they disburse the funds with knowledge that he submitted a fraudulently obtained signature. Have your letter notarized. Send it today, faxed with hard copy delivered overnight with confirmation.

2. You'll have to file for an emergency temporary restraining order against the pension plan administrator preventing it from distributing any pension funds. You're asking the court to sign an ex parte order, which judges don't like to do. You will have to establish a) immediate action is necessary b) to prevent permanent harm, and c) that you were unable to give the other parties proper notice. You'll allege that the funds are about to be wrongfully distributed because your signature was forged, that a significant portion of the money will be gone because he's either trying to hide the funds anticipating divorce or will gamble it away in days (give specific examples of how much he gambles and how quickly he can go through $$), and that you've send copies of the petition to him & the plan administrator, but that you need an order today to maintain the status quo until the court can hold a full & fair hearing on the merits within the next 10 days. You'll have to include a copy of the proposed order for the judge to sign.

You'll probably need a lawyer to do this for you, since the court will not accept an improper filing (paper size, margins, line numbers, content, caption, etc). I know you don't have the money for an attorney. Find it. Borrow it. Pawn the TV to get it. Just get it.

3. Consult a divorce attorney and see if filing for divorce causes an automatic TRO to be issued against both parties ordering them not to remove marital assets and whether it would be better to have the emergency ex parte TRO issued during a divorce court proceeding or independently.