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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.