Legal Question in Family Law in New York
Qdro
Divorced in 1995. QDRO never court ordered until 2005. In 1996 I withdrew the balance of my retirement money of $2300.
Do I have to pay half of what I withdrew to ex if it stated in the divorce papers that the retirement would be divided or is that now null and void because there was never an actual court order until now. No QRDRO papers were never drawn up for me because the attorney is aware that my money was withdrawn. My retirement was a NYS retirement fund.
2 Answers from Attorneys
Re: Qdro
Your liability depends on a couple of factors. First, did you notify the court and your ex-spouse of the withdrawal of funds prior to issuance of the Qualifide Domestic Relations Order(QDRO). Second, did you complete and file an inventory of assets that included the retirement account. The problem you face is that if you are brought back into court on this issue a lawyer could well cost you as much as if not more than the one half the order requires you to pay. I suggest speaking with an attorney and discussing your exact situation. I offer free consultations.
Re: Qdro
Good day: I beleive the key information not contained in your question ws what was the status of your marriage at time the money was taken out? ie were you togher and the money sued for the family or was it used by you alone or were you apart at the time you took it out? Brad S. Margolis,Esq.
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