Legal Question in Family Law in Illinois
the judge in my divorce has given me 55% of my husband's 401(k). but his lawyer wrote a QDRO that states the wrong amount. I have been flying back and forth from los angeles to chicago monthly and sometimes 3 times in the same month just to participate in this divorce, but the other lawyer just prolongs this case and doesn't do things in a timely manner. What will happen if he enters an order that is different from the judgement?(Johnathan Shimberg Please don't call me existential, I'm not, I'm just a mom.)
3 Answers from Attorneys
Whatever Jonathan told you is probably correct and you should follow his advice. QDRO's are a very special area of law and require some expertise. You do not say how you know it is the wrong amount or what your belief is based on. It would be cheaper for you to hire a local attorney to handle this rather than fly back and forth from Calif.
Thanks you Sue. What I said, and i repeat, is that if you have an objection to the order, you must appear to tell the judge. You made or were forced to make the choice to represent yourself. With over 70,000 lawyers in this state, and many willing to work for minimal amounts of money, you might have been able to find an atty to represent you, especially in the limited issue of the QDRO. Which is why I said you made the choice to represent yourself. If the judge enters an order different from the judgment, it may be as a result of you not appearing to tell the judge he/she is wrong. If you have received proper notice of the intended presentation of the motion and decline to appear, you will lose. If you do not want to hear that, then do not ask the question.
It is your ex's lawyers plan to wear you out. If he has presented a false order which does not comply with the judgment ask the court to order him to pay for your expenses in having to come in to object.
An you not "just a mom" you are acting as your own attorney and, in theory, are subject to the same rules as we are.