Legal Question in Family Law in Florida

Re: Qualified Domestic Relations Order enforcement

I would have to take a look at the Final Judgment and the QDRO to see what remedies you have available.

Re: Qualified Domestic Relations Order enforcement

I currently have a case concerning a QDRO issue before the MS Supreme Court, and I can tell that some judges in MS are unfamiliar with the provisions of QDROs. Probably because it deals with the IRS code, and unless you are a tax atty, you avoid the IRS code like the plague.

Nonetheless if the QDRO is drafted correctly, you would be entitled to payments either directly deposited from the plan provider or you would have to wait and get a check from him. Depending on who his pension is with, they may not offer direct deposit to a secondary beneficiary. The thing to do is have an atty review the QDRO prior to it taking effect, so you can get the ball rolling should you not start getting your money.

It's possible you could get a garnishment, but remember what I said above....it depends on the employer. The Clerk will NOT receive the money for you, unless the judge is a)super nice or b) doesn't realize the accounting nightmare he just started for his clerk.

I would have the QDRO reviewed and have an atty on standby to file suit for contempt. You would probably have to pay the atty's retainer, but the judge would probably award it back to you.

Let me know if I may be of additional assistance.