QUESTION
Is it legal for my ex-husband's attorney amended our Qualified Domestic Relations Order without me knowing?
Asked on Jan 18th, 2013 on Divorce - Delaware
More details to this question:
He excluded me from receiving my 50% of his retirement but amended it where he would still receive mine.
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, no single party is allowed to change the terms of a qualified domestic relations order except to conform it to the judgment of divorce.
Answered on Jan 22nd, 2013 at 8:27 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Does not make sense. Take your judgment and the amended QDRO to an attorney
Answered on Jan 22nd, 2013 at 12:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It doesn't sound appropriate. Talk with your attorney. You may have to go court and show what you agreed to do originally and how it got changed.
Answered on Jan 22nd, 2013 at 12:03 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If it was an Order of the Court, he cannot do that without the Court changing the Order. You can file a motion in Family Court to see why he did what he did.
Answered on Jan 22nd, 2013 at 12:02 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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The answer to the question is no. An amendment to a qualified domestic relations order must be approved by the court.
Answered on Jan 22nd, 2013 at 12:02 PM