Legal Question in Family Law in Wisconsin
X-Husband's Pension
In 1988, I was divorced and was granted to recieve half of his pension when he retires. In the Divorce Decree it states, '' to recieve half of his pension''. This is all it says. I never recieved a copy of a QDRO but I would expect that this was filed with the courts and will contact the Clerk of Courts for a copy. If a ''QDRO'' was never filed by the Attorney, is there a time limit as to when a QDRO can be filed, etc.? Also, the company my ex works for has fallen unto hard times and maybe closing its doors and has offered employees early retirement packages. This early retirement package qualifies as pension and I'm entitled to a portion of this, correct?
1 Answer from Attorneys
Re: X-Husband's Pension
You should immediately contact an experienced family law attorney in your area. Your questions are all good and important and you should act quickly before any distributions are made. The attorney should review your Marital settlement agreement and the judgment and check to see if there is a QDRO - as you described it I would be concerned that the QDRO was NOT drafted.
You can check to see if one was filed by going to: http://wcca.wicourts.gov/index.xsl, which is the CCAP website. Enter the information to find your case. Then click on "Court Record Events" in the upper right hand corner. You won't see the document itself but if it were filed it should be listed.
If the QDRO has NOT been filed, you may still be able to do so or to get the court to grant some other kind of relief. If the retirement funds are distributed before you do this might be hard to get the funds back. If you are injured you may have a claim against the attorney who represented you. But in either case the sooner you act the better.
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