Legal Question in Family Law in Texas

401k

My divorce was final 2/27/04. My ex-wife is entitled to 1/2 of the portion of my 401K accrued during our marriage. I now live in New York and she lives in California.

Unfortunately the lawyer we paid to do the QDRO is in Texas (Where we lived when we were married). For the last almost two years they have done nothing. We have called numerous times, and they keep saying they are going to work on it, but it appears that they have done nothing.

In fact, the lawyer we paid does not even do the QDRO from what I have been told. They pass along the information I gave them to a QDRO lawyer who does the actual work. The last time I called the original lawyer had not even passed along the information.

This February will be two years since the divorce was final. Is there any legal means I can take to get them to actually get the QDRO done? I would like to get it over so my 401K is not in ''limbo'' and my ex-wife can get her money. She has lost out on a lot of interest she could have made.

Or, can they basically take as much time as they want and drag this thing out forever? Any help would be appreciated.


Asked on 1/14/06, 7:54 pm

2 Answers from Attorneys
Seth Kaufman Kaufman PLLC

Re: 401k

You should immediatley consult an attorney in the jurisdiction where your divorce was granted. You should also write a letter to the Texas attorney you hired to do the QDRO and send a copy of the letter to the court. Feel free to call my office to discuss your situation in further detail. I will not charge a fee for the intial consultation.

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Answered on 1/15/06, 1:22 am
James Grissom Law Office of James P. Grissom

Re: 401k

Mr. kaufmann is correct to contact the TX attorney. You may also file a grievance against the attorney with the State Bar Association.

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Answered on 1/15/06, 4:51 pm


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