Legal Question in Family Law in California

Divorice--pension

In divorce court the judge awarded me one of my ex-husband's pensions (he has 3!). I contacted the pension fund (Aftra) to submit the court order & have them put the pension fund in my name. They refused to unless they received something called a ''quad''. I have inquired of a dozen San Diego Attorneys & none want to assist me in filing this ''quad''. One actually told me their was no money in it! How can I get an attorney to do this for me? I don't mind paying a reasonable amount or even doing it myself if I knew what was required of me. All I know is it's been over three years since my divorce & I must get this pension in my name soon. At this time I don't even know how much is in the pension as neither the Aftra or my ex will tell me. Thank you for your assistance. Much appreciated! elisabeth


Asked on 5/25/08, 3:03 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Divorice--pension

A Qualified Domestic Relations Order requires joining the pension with a Summons and Petition served upon the entity. If it is not disputed, then a Stipulated Order may be drafted. It is an area of law in which few attorneys have experience and is a cause of mal-practice for some novices who try. I am experienced in this area and would be happy to take on the matter for a reasonable fee. Contact me directly.

Read more
Answered on 5/25/08, 11:51 am
Jeffrey Gerber Law Office of R. Jeffrey Gerber

Re: Divorice--pension

What you are referring to is a QDRO. That is a Qualified Domestic Relations Order. Most attorneys refer these to attorneys who specialize in QDROs only. Those attorneys usually charge $1500 for one pension and an additional charge for each additional pension. It requires much attorney time and a Court appearance.

Read more
Answered on 5/26/08, 7:41 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California