Legal Question in Family Law in New York

Breach of divorce order

In my divorce judgment my ex-husband was supposed to provide proof of choosing a particular pension option which would afford me my share when he retired. My divorce attorney wrote to him twice but he never responded and in order to go back to court with the attorney representing me the retainer would be too much for me to afford right now. My ex is very, very close to retiring and I'd like to make sure I get what was ordered by the judge and what I'm entitled to based on the laws of NY State. Is there a form or procedure for me to handle on my own? Where do I go? Family court? Divorce court?


Asked on 4/09/05, 3:38 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Breach of divorce order

Your attorney should have prepared the documents and ORder, to be signed by the judge, (and presented to your husband's PLAN) providing for your share of your husband's pension.

Absent your former attorney's assistance, you may possibly obtain the documents you need from the employer PLAN, and prepare them per, your Court Order; and submit accordingly.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/14/05, 1:41 am


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