Legal Question in Family Law in New York
Half of Pension granted through Quadro during divorce, but unable to get the uni
I was granted half of my husbands pension, or retirement during divorce, however the union has refused all forms of wording my lawyer submitted. I was divorced in 1997, the union had turned down my lawyers wording every time he submitted it. Since then my lawyer left the firm I was using. I still can't seem to get this issue resolved. I have been divorced almost 5 years is there a statue of limitations? How can I get this resolved? The law firm that handled my divorce does not return my calls. I can't afford a new lawyer. If this is not resolved and my X-husband passes away, will I be able to get my portion of the pension? Also there was a union savings account, which the union would not disclose the amount of money in it, it was not put in his networth statement of assets before the divorce, is that legal? Please give me any suggestions you may be able to at least to get the pension through quadro. Thank you
3 Answers from Attorneys
Re: Half of Pension granted through Quadro during divorce, but unable to get the
It is common for an attorney to obtain the required language from the company for the QDRO. If the company is rejecting your attorney's language, your attorney should first obtain the correct language from the company. If the company will not provide the language that they want, you will need court intervention. If your husband failed to disclose assets, you may be entitled to reopen the settlement to obtain a share of what was not disclosed. Unfortunately, all of the above requires that you have legal counsel.
Re: Half of Pension granted through Quadro during divorce, but unable to get the
Unfortunately, if your attorney is no longer with the firm, and they are not returning your calls, you need to get another attorney.
You have a court order to divide the pension, and that entitles you to get your portion of the pension. Period.
Re: Half of Pension granted through Quadro during divorce, but unable to get the
Typically, the pension administrator will supply specific language or forms to the draftsman of the QDRO. Since you are unable to contact your former attorneys, I strongly suggest you retain a new one.
If you can show that your ex secreted assets, you may be able to vacate the divorce settlement.
Daniel Clement
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