QDRO, California

[Robin Penland]

My divorce was final 9/98 after 14 years married in California. It states I am entitled to a part of my ex's pension. It states I need a QDRO. I now live in New Mexico. Can I do this myself, if so how. Do I need an atty, if how to pick one. Do I have to go to CA. to do this? I tried QDROPro, but he will not cooperate and sign even though it's in the divorce papers.

 

[I AM ALWAYS LIABLE]

My response:

Assuming you've filled in the QDRO paperwork correctly, and if your ex refuses to sign, you'll need to file for an "Order to Show Cause Re: Contempt of Court" with the same court in California. If the decision goes in your favor, your ex will be ordered to sign, and also pay for your attorney fees and costs. Additionally, if found in "Contempt of Court", the judge could very well order him to spend the weekend in jail. You see, Contempt of Court is a criminal offense.

IAAL