QUESTION
WHAT CAN I DO TO GET MY EX HUSBANDS TOTAL VESTED RETIREMENT AMOUNT
Asked on Oct 04th, 2019 on Divorce - Texas
More details to this question:
It took my lawyer 1 1/2 years to get me my divorce. it was filed on June 10, 2019 and i found out on August 9, 2019. A QDRO should have been filed with the divorce but was not. My lawyer does not reply to my texts, emails or calls. And because it was not filed it will be considered a new filing. I was told that i could represent myself in filing the QDRO so i chose to do so. I have emailed my ex's lawyer asking for his last statement before retiring with no results. What can i do? I don't want to use my lawyer as i feel as though she is not looking out for my best interests.
1 ANSWER
Children Attorney serving Fort Worth, TX
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The Law Office of Zoe Meigs, P.C.
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Handling a QDRO without an attorney is a risky business, but I do understand your frustration. You may want to hire an attorney to complete the QDRO and the processing of it through the court and then the retirement plan.
My initial question is why do you need his most recent statment? You may use a percentage in the QDRO if that is what it states in your decree. You do not need to state the current value of the account in most QDROs. The company will know the value of the account as of the date of divorce, which is when most divorce decrees and QDROs include as the valuation date for dividing the QDRO.
Assuming you have a form for the QDRO and have it completed, then you need to file a Motion with the court to enter a post-divorce order to divide the retirment. You will need to have your ex-husband served with the Motion and proposed QDRO. Altenatively, if he will cooperate, you may present him with a Waiver of Service for the Motion and have him sign that.
His lawyer will need to sign the QDRO before you present it to the court to sign.
Answered on Oct 16th, 2019 at 9:11 AM