Legal Question in Family Law in Georgia

spouse and his lawyer in contemp

My divorce was final in november of '05. I was awarded half of his 401k and I still have not received it. my lawyers' office has called his (the ex) several times and hasn't received a return call. I notified my ex for the 3rd time and he called his lawyer again. A month ago they promised to have it done within a week but we haven't heard from them since. my lawyer has called 3 times since (between letters and phone calls, my ofice has tried to contact them about 12 times)and they haven't returned the calls. I told my office that I wanted to file contempt, i'm losing money and interest. However they are reluctant to do that not only because of the cost to me but they don't want to file against another lawyer. I dont know what my next step should be.


Asked on 5/01/06, 4:12 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: spouse and his lawyer in contemp

Divisions of retirement plans can often take many months. Unless the two lawyers mishandled it, the typical way to do it is via a QDRO, and many lawyers actually farm that out to outside counsel. Usually with QDROs the holdup is the pension plan administartor, who must also approve the form of the QDRO. If that is the holdup, it would be a waste of money to file a contempt, as there would be no contempt. If, however, the holdup is your spouse, that may eventually become a possibility. Your lawyer should be telling you if a delay in the QDRO is the problem here.

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Answered on 5/01/06, 4:18 pm


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