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Post divorce enforcement of court orders / QDRO's
Just when you think you have the divorce complete and all is said and
done, you find out that the retirement accounts have not
been transferred, the life insurance has not be secured,
or the alimony is not being paid . This is where your
ongoing relationship with your attorney is important.
QDRO's are the court orders that allow retirement
accounts (401k, IRA, pensions) to be transferred to a
spouse. These documents must be completed and filed with
the Court for the Judge to sign. Then the papers must be
forwarded to the administrator of the accounts to make
the transfer happen. Too often, people leave the court
room thinking this will all happen on its own.
Petitions for contempt – When the specific orders of the
Court are not followed, a person make seek a petition
for contempt of court against the other. These are taken
very seriously by the court and can result in
incarceration (being jailed), a fine, or the payment of
the innocent persons attorney’s fees. Criminal contempt
means that the person is incarcerated for each act of
contempt. Civil contempt means that the person is
incarcerated until the act has been completed (such as
the money being paid). Unfortunately, you cannot
successfully bring these actions without an attorney.
They are just to technical and can easily be thrown out
if done improperly. |