Jackson, NJ asked in Family Law and Legal Malpractice for New Jersey

Q: My attorney created a fictitious document to replace one on file and then submitted without client knowledge or consent.

My attorney created a new fictitious QDRO and submitted it to the opposing party and State for approval without the consent or knowledge of the client. I had already provided them with an approved copy - post-judgement. It is further complicated because my ex liquefied her pension post-judgement (subject to a QDRO) and attempted to conceal the withdrawal.

Related Topics:
1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: Short answer is that you need to sit down with a family law specialist to review the various documents involved to figure out what action needs to take place to sort out this mess and then, based on the advice given, you can figure out if your ex improperly liquidated the marital portion of her retirement plan and whether you were entitled to any portion of it and whether there were any changes made to your QDRO by your prior counsel and whether those changes were proper and if not, the impact on you / your ex and what steps need to be taken to correct it. But the starting point is meeting with a family law specialist. For that meeting, you need the divorce settlement agreement, the draft QDRO and any changes made to it and the information as to your ex's retirement plan and the support for your claim that she liquidated the marital portion.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.