That calculation should be a part of the order. Normally a QDRO has a specific dollar amount or a percentage and the dates that apply. The financial institution simply does what the order says. They have no discretion. Speak with a local family lawyer for more specific advice.

You need to determine the reason for the overpayment. If the pension plan did not follow the order correctly then you may have to pursue legal action against them. If the order was followed properly then you can return to family court and try to recover the overpayment. You will need to explain how... View More

The new law does not affect the situation that you describe; however, you do have the ability to return to court for a modification of alimony based on your retirement. Speak with a local family lawyer for more specific advice.

In a divorce there are generally only two options for the division of a marital home. Either one party buys the other party out or if that is not possible then the property is sold and the proceeds divided between the parties. Speak with a local family lawyer for more specific advice.

You can return to court with a motion for contempt and/or enforcement and ask the court to order the other party to comply with the agreement. Speak with a local family lawyer for more specific advice.

You would need to get with an attorney from NY where your case was filed and have them draw up an agreement to stop the alimony and enter a supplemental final judgment incorporating the agreement.

Based on your facts you are entitled to half of the value in your column for equitable distribution. It would be the net equity meaning the fair market value minus any loan on the car. Speak with a local family lawyer for more specific advice.

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answered on Apr 30, 2024

I'm sorry to hear about your difficult situation. It sounds like a stressful and upsetting experience. In California, both spouses have a legal right to access the marital home, even if only one spouse's name is on the lease. Your wife cannot legally force you out of the RV or prevent you... View More

If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

Parenting plan in divorce matter usually address the actual amount needed when it comes to child support. I am curious as to how you are forced to pay for service you do not agree to. You can refuse to pay for the service if it is beyond the arrangement of your divorce decree.

Yes, divorce papers can be served on you if you are in jail. No, you do not have to sign for the divorce papers if you are in jail. I hope this helps. Good luck!

As long as the two of you are legally married you both have equal rights to the children. If you want the courts to intervene then you need to file a case against your spouse. The most obvious case would be a dissolution of marriage (divorce). The case would need to be filed where you have lived... View More

If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More

The child support obligation is yours alone (not new wife) and will terminate on your death.

No. A power of attorney does not allow the holder (also known as "attorney in fact") to practice law; signing documents to be filed in court in behalf of another person would be practicing law. It would also be a conflict of interest for one spouse to sign papers in behalf of the other... View More

You owe her the portion that she was entitled to from the final judgment. You can probably deduct the cost of the QDRO and the taxes that you paid on the withdrawal. Although it is up to her to go back to court to enforce the agreement it is probably smarter to try and reach a settlement with her... View More

What do you mean by "when he receives my income?" Generally any income received is taxable. The exception in family law is if you are paying spousal support (alimony) with after tax dollars, meaning that you already paid taxes on those funds, then the receiver does not have to pay taxes... View More

Tell your friend that it is never a good idea to try and hide assets from a divorcing spouse. Speak with a local family lawyer for more specific advice.

Standard is one or two years of bank statements and credit cards; however, either party is able to ask for more. Speak with a local family lawyer for more specific advice.