pension order

[chocolat2]

What is the name of your state? Ohio
Is there a legal time frame in which an attorney is required to file the court order for me to receive half of my ex's pension? Mine waited 7 months to file the QDRO. Do I have legal recourse to try to recover the sum of money I lost (& was entitled to) during that time? Judge said the order was not retroactive to the date of divorce?

 

[tigger22472]

What is the name of your state? Ohio
Is there a legal time frame in which an attorney is required to file the court order for me to receive half of my ex's pension? Mine waited 7 months to file the QDRO. Do I have legal recourse to try to recover the sum of money I lost (& was entitled to) during that time? Judge said the order was not retroactive to the date of divorce?

If it was not asked for in the divorce then the time in which you can ask for pension is now lost.

The only thing I can suggest is to possible speak to another attorney about reporting the first attorney for their lack of representation. However, the lack of the attorney's representation cannot be used against your ex.

 

[chocolat2]

I was awarded half of the pension in the divorce. However, my attorney did not file the QDRO in a timely manner, thereby losing 7 months of the pension income for me. He thought it would be retroactive to the date of divorce, but it was not. So I am out several thousand dollars. I asked attorney what type of compensation he would offer me, but he says he felt he represented me well. I have not paid the balance that I owe him, so he is threatening to take me to court. Should I try further negotiations, or is an attorney more likely to respond to the fact that I am considering filing a grievance w/the bar association?

 

[Bali Hai]

I was awarded half of the pension in the divorce. However, my attorney did not file the QDRO in a timely manner, thereby losing 7 months of the pension income for me. He thought it would be retroactive to the date of divorce, but it was not. So I am out several thousand dollars. I asked attorney what type of compensation he would offer me, but he says he felt he represented me well. I have not paid the balance that I owe him, so he is threatening to take me to court. Should I try further negotiations, or is an attorney more likely to respond to the fact that I am considering filing a grievance w/the bar association?

More details please.

Half the pension, is half the pension 7 months ago or now.

 

[LdiJ]

More details please.

Half the pension, is half the pension 7 months ago or now.

I think that she means that this is a pension that is already being paid out, and she is supposed to be getting a share of the monthly income. Since the attorney dragged his heels getting the QDRO done, she has lost 7 months of income....hence the "several thousand dollars".

I think she has a legitimate grievance and should take it up with the bar association.

 

[chocolat2]

LdiJ has the situation correct. I am now getting my half of the pension that the court awarded to me. However, because of the attorney's delay in filing the correct papers, I didn't receive my awarded half for the first seven months that I was eligible.

 

[chocolat2]

My dilemma at this point is whether to try to hire a different attorney to sue my original attorney, or file a grievance with the bar, or communicate both of these options to my original attorney to see if he will be more likely to offer a settlement. He is also the county's assistant prosecutor.....I would not think that the filing of a grievance would look good on his record.