How Do I File a QDRO that the Attorney Forgot to File Eighteen Years Ago?
Full Question:
Answer:
It is possible to file the forms yourself without an attorney. Pro se legal representation is allowed in virtually any family law filing, however, attorneys are often hired due to the complexities of the laws surrounding QDROs.
A court that renders a dissolution decree generally retains the power to enforce the property division made in the decree. The court may render further orders to enforce the property division made in the dissolution decree to assist in the implementation of or to clarify the prior order. The court may specify more precisely the manner of effecting the property division, as long as the substantive division is not altered or changed. The court has at its disposal a variety of methods to enforce the property division, including a clarification order, an order to deliver specific existing property, a money judgment, an order enforcing an award of the right to receive installment payments or a lump-sum payment, and enforcement by contempt.
A petition seeking a new or amended QDRO or similar order must be filed with the court that rendered the final decree dividing the property. Notwithstanding any other enforcement provision of the Family Code, the court that rendered the final decree dividing the property has continuing, exclusive jurisdiction over the parties and property for purposes of rendering a QDRO or similar order as if the court were required to currently divide the benefit in a manner substantially similar to the original division.
