Filing a motion for contempt


#1

Dear shay:

Greetings. QDROs (the documents that divide retirement accounts) can take a long time to draft and a longer time to get qualified by the plan administrator. If you are unrepresented, call his attorney yourself. Otherwise, yes, you can file a motion to show cause.

Usually though, it is your obligation to draft the QDRO if you are getting the money. Unless it is specifically written into the agreement otherwise, generally the burden falls on you. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

MY HUSBAND WAS ORDERED TO PAY ME 1/2 OF HIS 401K 13 MONTHS AGO. HE KEEPS TELLING ME HIS ATTORNEY IS WORKING ON THE PAPERS. FIVE MONTHS AGO MY ATTORNEY SENT A PAPER REQUESTING HE PAY THE AMOUNT OR GO BACK TO COURT. I DO NOT HAVE THE MONEY TO TAKE HIM BACK WITH AN ATTORNEY. HOW DO I FILE A MOTION FOR CONTEMPT IN NC AND IS IT WISE TO DO SO WITHOUT AN ATTORNEY? PLEASE ADVISE.SNC