Legal Question in Family Law in California
Qualified Domestic Relations Order
After years of frustration, I was finally able to get my-ex to sign a stipulated QDRO which was made an order of the court -court reserving jurisdiction. (The Plan had prev. advised that it was tentatively appproved, & couldnt advise further until it was a formal order.
Now, has advised it's not a QDRO, and listed several issues, which subsequetly with the plans attorney's help have been resolved. My ex (Who lives in another state refuses to sign the new stipulation and has NO INCENTIVE TO COOPERATE, as far as he's concerned.) and once again I'm left in limbo?
What do I file to get it back in court?
How, Can I protect myself in the meantime with the plan? (It's also in a different State, other than my ex)And, more importantly how can I ensure it's handled in a timely manner - especially if the plan does another one of these -I'm sorry -your order isn--name removed--a QDRO as far as the plan is concerned?
Thank you in advance.
1 Answer from Attorneys
Reply: Qualified Domestic Relations Order
If you can establish that you have given your former spouse the modified QDRO and he refuses to approve it, you can file a motion asking the court to sign it without his approval. You can also try submitting it to the court with out his approval but with a proof of service by mail attached, and see if the Court will sign it. There may be a provision for this in your underlying documentation.
It is always wise to first consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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