My husband was suppose to have his attorney draw up QDRO papers but he hasn’t. All I get are excuses. What can I do about this?

You may file a breach of contract action to enforce his obligations under the Separation Agreement.

What does your lawfirm charge to do a QDRO?

Please contact our client liasion for information regarding fees. She can be reached by dialing the main number for your area and selecting extension 100.

My ex-husband’s lawyer was supposed to obtain the QDRO in our divorce but failed to do so. Can he or I file a breach of contract against the lawyer for not following through? I’m in a serious financial bind and am angry with the lawyer for taking away my “last resort”.

The attorney is not a party to the agreement so he cannot be sued for breach of the contract between you and your ex-husband. When a contract says that he will draft the QDRO, there is an implied obligation that your ex-husband will hire the lawyer to do the QDRO. I would discuss it with him and consider filing a breach of contract against your ex-husband to follow through with the QDRO.

Also, just because the lawyer hasn’t done it pursuant to the agreement, does not mean that you cannot hire another attorney to follow-through with getting the QDRO entered.