Legal Question in Family Law in California

Qdro

We filed our own divorce papers which included a portion of my husbands 401K to be given to me, we put that information in the papers. Divorce was finalized, I found out that we could have done a QDRO transferring that money to me. Now, his work says it had to be drafted by an attorney then signed by the judge. If I don't do the QDRO, can I take him to small claims since it is money he owes me? It seems like the QDRO would be impossible to do now that the divorce is finalized.


Asked on 7/03/02, 12:53 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Qdro

No you cannot go to small claims court because the family law court already has jurisdiction over the issue of the 401K and you have a judgment. The QDRO is done either with the judgment or after entry of judgment, usually after entry of judgment. You should be able to get the QDRO drawn up for about $550. Good Luck, Pat McCrary

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Answered on 7/03/02, 7:55 pm


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