Legal Question in Family Law in California
In my marital settlement agreement, a specific attorney was assigned to file the QDRO's for both parties.
This atty was supposed to get approval and send to counsel for signatures within 20 days. This never happened. I tried getting hold of said atty, never could. Four months later my husband signed a stipulation and order stating he was giving up any and all rights to my pension and retirement. The deal was I was to pay in full the back spousal support, which I did, so he signed. I had another company do the QRDO a few months later since the assigned atty never did. Now husband is saying the stipulation is null and void because the court order was not followed, ie: assigned atty filing QDRO. What are your thoughts?
1 Answer from Attorneys
The QDRO should be valid. The assigned attorney did not prepare the QDRO. The court probably has little interest in who prepared the QDRO. Take the stipulation and QDRO to court for the judge to sign as soon as possible.
Related Questions & Answers
-
How do I request to terminate a restraining order Asked 10/16/15, 11:22 am in United States California Family Law, Divorce, Child Custody and Adoption