Legal Question in Family Law in Florida
I had to pay my ex-wife her share of my pension upon my divorce at a monthly rate and also owed her my share of medical and dental bills for our two children. I agreed to do a Q.D.R.O. with one of my pension accounts. I over paid approx. $10,000 which was supposed to be returned to me.( I could not touch this money until I retired but could transfer it to her where she could have immediate access to it). She filed a contempt of court motion stating I didn't pay my share of the medical and dental for our children. The Magistrate said I could not use the Q.D.R.O. to pay the medical and dental and advised me I would have to take her back to court to have this money refunded to me, and then pay her the medical and dental portion I owe. My question is how do I file this motion and what form is needed? I will be in the seventeenth judicial court in Broward County Florida. Thanks for any assistance
1 Answer from Attorneys
There is no standard form for your request to have the QDRO funds returned back to you. Most likely, you will need to contact an attorney to prepare this Motion and to give you instructions to proceed pro se. If you need further assistance, please do not hesitate to reach me directly.