mdbusinessman
Junior Member
What is the name of your state (only U.S. law)? Maryland
After 6 years of Marriage (in Maryland) was divorced in 2001. Wife's income was approx 20% higher than mine at all times. She was (and remains) federal government worker, I was private sector. We were married and lived in Maryland the entire time. Our divorce decree read as follows:
"Ordered that the husband shall receive 50% of the marital interest per the Bangs Formula of the Wifes FERS plan. The husband shall draft a Retirement Benefits Order directed to the Office of Personnel Management to effectuate this transfer and present it to the Court for execution and it is further ordered that this Court shall retain jurisdiction to execute such Orders as may be necessary to facilitate the transfer of retirement interests or to effectuate other aspects of this Order...."
Im just recently finding out, that my attorney at the time never drafted the RBO. Hence, I'd like to now do this on my own. Im not interested in the former attorney handling this.
Questions:
- Is this process fairly straightforward to accomplish? I've filed motions before so I'm mildly familiar with the court processes. yes, I realize I am NOT a licensed, experienced attorney.
- Does this type of process require a court appearance, or is it simply drafting the order and presenting to the Clerk of Courts office for review and then the court executes with OPM? This link will provide me with details on how to specifically word the RBO:
https://www.opm.gov/retirement-services/publications-forms/pamphlets/ri38-116.pdf
- While I have hard and soft copies of the divorce decree, about 7 years ago the entire case was ordered sealed by the court. (certain information related to minor children was sensitive, and the judge granted a request from the ex-wife to seal the entire case. (As opposed to just the parts pertaining to the children, as I had asked for). Does the case need to be "unsealed" in order to effectuate this order/process? If so, is that done via a motion to the court?
Any advice is appreciated.
After 6 years of Marriage (in Maryland) was divorced in 2001. Wife's income was approx 20% higher than mine at all times. She was (and remains) federal government worker, I was private sector. We were married and lived in Maryland the entire time. Our divorce decree read as follows:
"Ordered that the husband shall receive 50% of the marital interest per the Bangs Formula of the Wifes FERS plan. The husband shall draft a Retirement Benefits Order directed to the Office of Personnel Management to effectuate this transfer and present it to the Court for execution and it is further ordered that this Court shall retain jurisdiction to execute such Orders as may be necessary to facilitate the transfer of retirement interests or to effectuate other aspects of this Order...."
Im just recently finding out, that my attorney at the time never drafted the RBO. Hence, I'd like to now do this on my own. Im not interested in the former attorney handling this.
Questions:
- Is this process fairly straightforward to accomplish? I've filed motions before so I'm mildly familiar with the court processes. yes, I realize I am NOT a licensed, experienced attorney.
- Does this type of process require a court appearance, or is it simply drafting the order and presenting to the Clerk of Courts office for review and then the court executes with OPM? This link will provide me with details on how to specifically word the RBO:
https://www.opm.gov/retirement-services/publications-forms/pamphlets/ri38-116.pdf
- While I have hard and soft copies of the divorce decree, about 7 years ago the entire case was ordered sealed by the court. (certain information related to minor children was sensitive, and the judge granted a request from the ex-wife to seal the entire case. (As opposed to just the parts pertaining to the children, as I had asked for). Does the case need to be "unsealed" in order to effectuate this order/process? If so, is that done via a motion to the court?
Any advice is appreciated.