Can my soon to be X-husbands (of 17yrs, we have 2 kids under 14yo) 1st wife (of 14 yrs, NEVER had kids) sue me once I start receiving HIS retirement benefits???
TO ATTORNEY(S) responding - THANK YOU so much for taking the time to respond to my concerns. Please note that I understand that I need to HIRE an Attorney for my answers. I have only been able to hire an Attorney on a limited scope basis because I can NOT AFFORD to hire one beyond that.(I am waiting for approval of SSDI after 2 1/2 yrs & he is claiming broke, despite an order for spousal/child support. Our family home where myself and our 2 kids live is in foreclosure and we have to move, I dont have money for that either). I filed a motion for him to pay my legal fee's in June 2011, however, due to scheduling conflicts (the Judge, his Attorney, my limited scope Attorney, him, me (I had a melt down close to one of the scheduled court dates) it has been necessary to change the court date(s). We have an upcoming settlement conference, where I hope the issue of legal fee's and most everything else will be addressed. I have not been able to pay my attorney yet and she will NOT ANSWER a question(s) with out having been paid FIRST, trust me, I have tried. I would really appreciate any and all information that you can provide me including the legal code(s) if applicable, for my situation. I would greatly appreciate if you could address 1,2 and 3 below along with any other info that is pertinent. THANK YOU SO MUCH FOR YOUR HELP!!
I was informed by a family law attorney, who briefly represented me early on in my divorce that I need to have the QDRO written up for 25% of his two, 30plus year retirement plans, rather than 50% because the 1st wife, who has NOT done ANYTHING re: his retirement in 21 yrs since their divorce, is also eligible to receive a portion of his retirement benefits. Their FINAL divorce decree states that she would have to file an Order To Show Cause and get a QDRO in order to initiate the process of receiving any of his retirement, one of which he started receiving 5 years ago AND SHE KNOWS IT. The 2nd retirement plan, he just became eligible to receive.
I have contacted an attorney who has also served as a Judge who has specialized in QDRO's for like the last 10 yrs or so. I contacted him because his advertised amount for a QDRO is about $400 LESS than the amount I was told it would cost me. He informed me that 1) 1st wife cant sue me for the money that I have received via his retirement. and 2) she would have to sue him. and 3) Even though she knew for the last 21 years that she had to file an OSC & pay for a QDRO, she has not done anything! Although, he was not eligible to receive retirement until 5 years ago, she still has not done anything. And she is VERY AWARE that he and I have been in the process of a divorce for close to 2 years. I know...2 years....will this never END!!
Thank you, Thank you, Thank you!!!
