Legal Question in Family Law in California

we have been divorced 8 yrs. have a marriage settlemnt agreement which entitles me to 1/2 half of his retirement. My attorney failed to get a DRO from NYS Divorce was in CA jurisdiction. He is now retired and collecting as of Feb. this year. Can I sue him in civil court for the money? He has no intention of giving me my share. Based on the fact no DRO was filed. But its a signed court order.


Asked on 12/06/10, 3:15 am

2 Answers from Attorneys

The lack of a QDRO prevents you from enforcing aginst the pension administrator, but that does not get him off the hook. He is in contempt of court and you should file an OSC re: contempt.

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Answered on 12/11/10, 4:22 pm
Tina Chen Law Office of Tina Chen

You also should look into having a QDRO prepared as soon as possible to ensure you start getting half of the pension directly from the administrator.

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Answered on 12/16/10, 11:03 am


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