QDRO

[Saundra]

I'm new to the Board, so this question certainly may have been asked before -- I have completed a QDRO for my stipulated portion of my ex-husband's retirement. I cannot afford to pay to have the QDRO done, so, with invaluable help from the benefits attorney at my ex-husband's long-term, current place of employment (I received a draft of the company's standard QDRO, edited it with my information, and had the company attorney review and approve it). However, it has to be signed and notarized by myself and my ex-husband. What recourse do I have to get the required QDRO and file it with the court if my ex-husband refuses to sign it?

Saundra

 

[I AM ALWAYS LIABLE]

I'm new to the Board, so this question certainly may have been asked before -- I have completed a QDRO for my stipulated portion of my ex-husband's retirement. I cannot afford to pay to have the QDRO done, so, with invaluable help from the benefits attorney at my ex-husband's long-term, current place of employment (I received a draft of the company's standard QDRO, edited it with my information, and had the company attorney review and approve it). However, it has to be signed and notarized by myself and my ex-husband. What recourse do I have to get the required QDRO and file it with the court if my ex-husband refuses to sign it?

Saundra

My response:

If your husband refuses to sign (which is the same thing as saying "Screw you, Judge"), then you'll need to file an Order to Show Cause Re: Contempt of Court Order with the court, and let your ex explain to the judge his problem. Then, sit back, keep a little smirk on your face, and watch in silence as the judge throws THAT BIG LAW BOOK AT YOUR EX.

Then your husband will sign, and pay for your attorney's fees and costs, and also pay monetary sanctions to the court.

Good luck.

IAAL