Who delivers the order


#1

Dear jim3:

Greetings. You may be in contempt. Hire a new attorney in the county where the litigation exists and have them help you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

I tried to explain all I could, what more could you need?

quote:
Originally posted by JanetFritts
Dear jim3:

Greetings. You may be in contempt. Hire a new attorney in the county where the litigation exists and have them help you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.



#3

Dear jim3:

Greetings. First, I am not sure why you are annoyed with me about my answer. I am assuming because you cannot read my mind and that my answer sounds like a “cop out.” So, let me say that for a judge to find someone in contempt, that judge must show that the person willfully failed to comply with a court order. So, until that judge rules…you may be in contempt.

Now, as far as your specific situation, if the court order for Equitable Distribution said that you were to draft up and complete the QDROs, and just because they requested multiple changes you did not complete the task through your attorney, then yes, I would wager that you are in contempt.

If you signed an order, you risked its entry. I agree that someone should have sent you the order, but that is water under the bridge. If you are worried about contempt, my suggestion is that you cure the contempt before the court date. Get the QDRO, with the changes, completed and mailed to your spouse’s attorney before the court date.

Once again, I recommend that you hire a new attorney. If you have a court date, YES you should go, but with an attorney. I hope that this post adds some clarity to my former answer. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

I can’t read your mind, but you seem to be able to read mine. Thank you. I went down the yellow pages and found a lawyer, I have to leave tomorrow and drive 500 miles to appear. With the work and expense I am having to answer this, when I would have complied had I received a copy of the signed order in a timely matter, still leaves me feeling someone besides myself dropped the “glass” ball in this matter. A question I want to consider when this is settled.


#5

Dear jim3:

Greetings. Of course you must feel out of the loop, trapped, behind the eight ball, etc. I would be angry for receiving poor advice, but I would also work diligently at resolving the QDROs and being done with the entire process. Good luck…and ask for a continuance to get the QDROs completed. Let us know how it works out - and we will all be hoping for a good outcome for you here.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#6

I was divorced in July 2003, with the ED settlement pending. My ex would never agree, I spent hundreds of dollars in mediation and having the papers re-typed and sent to her attorney just to be told they wanted another change. In October 2003 I became frustrated and told my attorney to let them type it up and I would review it. I transferred to Alabama in November 2003. Now, I get a letter calling me to court saying I am in contempt by not getting two QDRO’s (for 20% of retired military pay and for 50% of my FERS retirement seperation) required by an order signed in March of this year. I never received any order. The clerk of court says it does exist, apparently they decided on one I had signed and submitted to them in September 2003. My lawyer will not return calls or emails. No lawyers here (Mobile) are liscensed to work North Carolina. Can I be in contempt? I think someone should have sent me the order. Should I go to court and make my plea?