Legal Question in Family Law in California
Qdro
I need to file an Order to show cause for a Qdro approval that I am having prepared by a legal document prep service. They want to charge me $600.00 to prepare(?) the OSC form for me, but I understand it's just one page, a form I can download from the courts website, could anyone tell me what to put in the box where it says order to show cause, do I check the other box? and if I do what do I put in that space behind it? OR, is it a specialized document that would warrant me paying $600.00 to have perpared? I'm already paying $1200.00 for the Qdro. That's $1800.00 I don't have right now. If I can use the Courts OSC fl-300 form this would save me $600. any advice would be appreciated
Thanks in advance
1 Answer from Attorneys
Re: Qdro
You are already paying too much for the QDRO if it is just filling in the blanks on a boilerplate document. In any event, the QDRO cost is usually split between the parties. Once completed both parties sign it and it is submitted to the court in routine filing for the judge to sign before it goes to the pension manager (some pensions want to preview it before the court is asked to sign it). If you are doing this without the ex's co-operation then you are filing an OSC or motion to give him/her a chance to object. You should also be asking the court to order half of the cost of preperation of the QDRO and OSC. Then your cost will only be $900. If you download the forms or get blanks at the courthouse check other and type in QDRO in the little space below. On your Application form also check other and explain what you are asking for in the space provided or attach an additional page if you need more room. Be sure to ask for the money in your application or it can't be granted. Check with the clerk to be sure you are put on the right calendar. Some courts have law in motion or short cause trial calendars hear property issues. You may want to seek a consultation with a real attorney through a low fee program.