Summary
In New York State, the judgment of divorce typically requires the plaintiffs attorney to prepare the QDRO, subject to approval by the defendants attorney. If your divorce attorney has not made progress on the QDRO, you should document all communications and bills. Consider sending a follow-up letter requesting an update on the QDRO and an explanation for any additional charges. If the issue persists, you may need to consult another attorney for further assistance.Full Conversation
Is my divorce attorney?
It sounds like you need clarification on whether your divorce attorney should handle the QDRO. According to your judgment of divorce, the QDRO should be prepared by the plaintiff's attorney (typically your divorce attorney), subject to approval by the defendant's attorney.
- **Plaintiff's Attorney**: Usually your divorce attorney
- **Defendant's Attorney**: Your ex-spouse's attorney
To ensure everything is in order, has your divorce attorney started working on the QDRO?
I am trying to understand that my divorce attorney should of issued the qdro same as had it qualified medical child support order or are they talking about I need another attorney
It sounds like there's some confusion regarding the roles of different orders and attorneys. Here is a brief overview:
- **QDRO (Qualified Domestic Relations Order)**: Usually prepared by the divorce attorney (plaintiff's attorney) for dividing retirement assets.
- **QMCSO (Qualified Medical Child Support Order)**: Pertains to providing health insurance for children and is separate from a QDRO.
Clarifying Questions:
- Has your divorce attorney communicated any steps taken regarding the QDRO?
- Are there any specific issues with the QDRO or QMCSO that you are facing?
Please provide more details so I can assist you further.
I am so frustrated with them not doing the things they are not doing how to address them draft please
I understand your frustration. To address the issue with your attorney, you might consider drafting a clear and concise letter. Here’s a template you can use:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Attorney's Name]
[Firm's Name]
[Firm's Address]
[City, State, ZIP Code]
Dear [Attorney's Name],
I hope this letter finds you well. I am writing to express my concerns regarding the handling of my divorce case, specifically the preparation and issuance of the Qualified Domestic Relations Order (QDRO) as outlined in my judgment of divorce.
Despite the clear instructions in the judgment, I have not seen any progress or communication regarding the preparation of the QDRO. This delay is causing significant stress and frustration for me. I would appreciate your prompt attention to this matter and an update on the following:
- The current status of the QDRO preparation.
- Any steps that have been taken so far.
- An estimated timeline for completion.
Please treat this as a priority and provide a response at your earliest convenience. Your timely action and communication are crucial for the resolution of this matter.
Thank you for your attention
Instead they are sending me additional bills
I'm sorry to hear about your issue. It sounds like your attorney is billing you without making progress on your QDRO. Here’s what you can do:
- **Document Everything**: Keep a detailed record of all communications and bills.
- **Send a Follow-Up Letter**: Politely but firmly request an update on the QDRO and an explanation for the additional charges.
Would you like a template for a follow-up letter?
TRY ME!
Start a new chat