Legal Question in Family Law in Texas
I am divorced and the divorce decree states that my former spouse is to grant me 23% of his retirement. He retired in June2011 and he has not complied with the decree. How do I file a motion to enforce what the judge ordered.
1 Answer from Attorneys
There are two things to do. First, the retirement should probably be divided by QDRO. For some bad reason, a lot of attorneys don't bother with the QDRO (Qualified Domestic Relations Order) at the end of the case. So the first thing to do is see whether the filing of a QDRO with the retirement plan administrator would solve the problem.
If a QDRO won't solve the problem, then you can file a motion to enforce the property division in the final decree. If you get a judgment in your favor, he will have to make up missed payments and start sending you payments. If he fails to do that, you can get a collection lien on his payments and have the court order that they be made to you.
You will need to hire a good family law attorney to deal with this. Retirement and post-divorce enforcement are complicated matters.
Good luck!!