Legal Question in Family Law in California

I am in ca and I have had to file for a ch 13 bk during a divorce. The divorce is final but property division is not completed. I have 2 retirement plans and no dro or qdro has been drawn up or agreed to. I know spousal and child support are not dischargable but does the ch 13 keep the x from getting any of my pensions. Also the marriage was 21 months with no children. Thanks.


Asked on 1/12/12, 3:01 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

You need to work on finalizing the remaining financial issues in your divorce. So you are right that a QDRO needs to be drawn up to divide up the retirement plans. A chapter 13 does not affect the debts you owe to each other per your marital rights towards each other. The sooner you get the financial aspects squared away with your ex spouse the sooner you can begin to start fresh as a chapter 13 is designed to help you do.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/22/12, 11:34 am


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