Q: Which state should my mother file a suit? Does she have a choice?
My parents have been divorced a long time ago. My mother has a legally binding agreement that states she will receive a percentage of my father's retirement funds. He has not paid her anything since child support(2003), she's been scared of him because of the physical abuse from him in the past, the only reason why I am reaching out here is because I have a severe heart condition and probably do not have much time left. And I don't want my mother and siblings to be stranded in vain. Thank you for reading....
A: In all likelihood she will need to enforce the Judgment in the same state as the divorce judgment. If she is dealing with retirement funds, then a qualified domestic relations order (QDRO) or Division of Benefits Order should have been referenced within the divorce decree and drafted shortly thereafter and filed and approved by the Court. I'd recommend reviewing the divorce judgment and get a copy of the docket entries from the court record and see if perhaps this has already been completed.
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