Enforcing Marital Settlement agreement on case over8 years old

[Deb3433]

My marital settlement agreement states that I am to receive one half of my ex-husbands retirement. Final Judgement was issued in Feb 1993 in FL. A QDRO needs to be prepared and was not done at that time due to expense. I would like to pursue this now. I have the paperwork for the QDRO from the company which needs to be signed by a judge. Would this be the judge in the county, Hillsborough, where the divorce was obtained. I think I can fill in the paperwork but how do I go about getting the judge to sign. Also do I reference my case # as the case on my divorce since this is related. Thanks for your help

 

[I AM ALWAYS LIABLE]

My response:

Your MSA is a written contract. As such, Florida has a 5 year Statute of Limitations on the enforcement of a written contract.

Since you failed to enforce your rights within the statutory period, you are out of luck.

Your ex-husband never stopped you from enforcing your rights, and therefore, you sat on your hands (that called "laches") from enforcing your rights under the contract.

If you try and enforce the agreement for your QDRO, your ex-husband could legally stop you from doing so.

You had better see an attorney for other and further details.

IAAL