Legal Question in Family Law in Colorado

Qdro

My divorce was final May 12th. My Company put together the QDRO for my 401(k) plan. My ex's attorney wanted to do her own. To date, this is still not done. I have yet to see anything on my ex's pension plan from my attorney. After repeated attempts to get this finalized, I still get no answers from my own attorney and am considering contacting the Judge to get this finalized. I have contacted my attorney 3 times in the last 1 1/2 weeks with no responce. I am losing retirement income because of this. I cannot contribute nor am I eligible to the employee match which I am due. I don't want to upset my attorney, but I'm sure I already have done so.

Should I just go to the Judge?


Asked on 9/28/05, 10:40 am

1 Answer from Attorneys

The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: Qdro

Thank you for contacting us with your legal question. My name is Hollie Hinton and I am an attorney here at The Harris Law Firm, P.C.

First, as to the QDRO, generally processing one takes quite a long time. Also, QDRO language is very specific, some companies have forms that you must follow. It is important to know whether your ex's company, like yours, has specific requirements. Also, there can be very strict deadlines as to when a QDRO must be filed after the entry of the decree.

As to your attorney, I suggest that you review your legal services agreement. There may be a provision in that document that limits your attorney's representation to only the dissolution. And not to post decree matters. However, he must actually withdraw from the case in order to not be your attorney of record.

Lastly, do not write to the judge. That is considered an ex parte communication and is not only forbidden by the courts, but also highly frowned upon. If you are unhappy with your current legal representation, you may consider contacting another attorney for advise on how to proceed.

We would be happy to assist you in determining how to proceed next after a review of your file. If you would like to schedule a consult, please contact Laura at (303) 299-9484. An initial consult is $150 and runs about 45 minutes.

Thank you again for contacting us with your question.

Hollie A. Hinton, Esq.

THE HARRIS LAW FIRM, P.C.

1125 17th Street, Suite 1820

Denver, CO 80202

(303) 299-9484

www.HarrisFamilyLaw.com

www.ColoradoDivorceInfo.com

Referrals Always Welcomed

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Answered on 9/28/05, 5:38 pm


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