Q: Divorce is finalized, time to do the QDRO but the spouse fled the country and there is no contact to him. What now?
Spouse left the country a year ago. The divorce has been finalized December 2021. The agreement was that the spouse pays child support and everything gets split in half. After the house was sold at the beginning of 2021, he fled the country as soon as he got his portion of the house. How can the rest of the court orders be fulfilled especially the splitting of his retirement without him and his signature for the QDRO?
A: If you already have a Qualified Domestic Relations Order serve a certified copy of the order to the retirement account provider and they will portion off the funds pursuant to the order. If that doesn't work you can file a motion with the court to try and freeze any other assets your former husband may have in this state to try and secure your funds.
A: You can file a Motion for Enforcement. There are ways for the court to enforce orders after a party has voluntarily absented themselves (fled). Speak with a local family lawyer for more specific advice.
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.
