Legal Question in Family Law in California
I was divorced in 1994 aafter 25 years of marriage and 2 children (one of which is disabled). The final decree said I was to be paid my portion of his retirement for the number of years married (25) and that our disabled daughter was to receive support for her life. He retired and stopped the support for our daughter. Now I received a letter from his union that says I have to amend the divorce papers because they require a " Qualified Domestic Relations Order". I don't even know what this is.
Can he just change the terms of the divorce after it was signed by the judge with these provisions in it? What is my recourse?
Sandra
3 Answers from Attorneys
Your divorce was not properly handled. The pension plan should have been joined as an interested party and a Qualified Domestic Relations Order issued to them with the judgment. A QDRO is an order that satisfies ERISA requirements to compel a pension plan to pay benefits to someone other than the pensioner. You are going to need an attorney to clean this up for you.
I agree with Mr. McCormick. Your divorce judgment is going to have to be amended to include a QDRO.
Actually, a QDRO is not generally a part of the judgment and is a separate order. You need to have that QDRO completed and that is something that most family law attorneys do not handle. As to the support for the dependant child, the child support order continues in place, he has just not paid the order. he still owes you the payments that he has not made, plus interest. You may call my office for a free consultation. Good Luck, Pat McCrary
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