Legal Question in Family Law in California
Retirement Benefits
My divorce was final on 3/19/99, acting ''In Pro Per'', and
court fees waived. My ex retired from Civil Service in
Feb./04 and in the judgement says the court to reserve jurisdiction over the division of his retirement. So, my question is: What papers do I need to file with the court
to request my share of his retirement? I sent a letter to the US Office of Personnel Management, Retirement Services
Program, and said I needed an order from the courts.
(I'm in San Bernardino County).
I hope someone can help me!
Thank you very much.
2 Answers from Attorneys
Re: Retirement Benefits
You need to file a motion joining the plan and then a motion to divide the pension plan by a Qualified Domestic Relations Order (QDRO). Most family law attorneys do not prepare QDRO's, so it will be very difficult for you to have that order prepared. Contact an attorney who states that they can both file the motion and prepare the QDRO, to save money. The alternative is that you and your ex go to an attorney who can prepare the QDRO. Good Luck, Pat McCrary
Reply: Retirement Benefits
Based upon the information you provided, and wihtout reviewing all of your paperwork, you PROBABLY need a joinder and QDRO.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
