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.
