Legal Question in Family Law in Florida
Divrced in 2002 and just now found out that qdro papers were never completed by lawyer assigned as his office went out of business.ex's lawyer sent me papers to sign and asking me to pay her fees. can she do this? is there any way to get out of her getting part of retirement?
2 Answers from Attorneys
The dissolution of divorce probably stated in the order you were to do this - so NO. Secondly, you could call your own company that you work with and ask them to prepare papers to finalize this - they should not charge you to do this. As to her lawyer, if ex wants her to do it, then have ex pay for it
Did your court order or settlement agreement say that you would be responsible for the QDRO? If so, you will probably either have to pay the other lawyer or get another lawyer to prepare the QDRO at your expense. If the agreement didn't say, then the QDRO is her problem, and you shouldn't have to pay the fee. I doubt there is any way of getting out of the QDRO if it's in your court order or your agreement, though.