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QUESTION:

I was divorced in 1986 and was awarded 50% of my ex-husbands pension, I was told my the pension co that I need a Quartro form to be signed by the courts. How do I go about this and what are the fees. I am unemployed at the moment but would like to collect the pension as soon as my ex files for the pension at 60.


ANSWER:

What you need is a Qualified Domestic Relations Order (QDRO). You will need to hire a lawyer to prepare this specialized Order. Typically, you will need to provide the lawyer with a certified copy of your Final Judgment of Divorce, any Marital Settlement Agreement you entered into with your spouse as well as other required information about your ex-husband's employer, etc... 

The QDRO lawyer will typically contact the pension administrator's office to obtain all the terms and conditions relating to your ex-husband's pension account. Then, based upon those terms and conditions the QDRO lawyer will draft a QDRO which will need to be reviewed by your ex-husband's divorce lawyer and/or your ex-husband if your ex-husband was unrepresented. If the draft is approved by your ex-husband's lawyer or your ex-husband, then it is sent for the Pension Administrator's review. 

Thereafter, if the QDRO is in compliance with the terms and conditions of the pension, then it will receive preliminary approval by the pension administrator who will notify your lawyer. After pension administrator approval is received, then your Rhode Island divorce attorney will need to go into family court (your divorce file may have to be re-opened) and the court must approve of and sign the QDRO. Thereafter, the clerk of the family court will enter the QDRO on the records of the family court after the judge has signed it. 

Next, you or your Rhode Island divorce attorney must then provide a certified copy of the signed and entered QDRO to the pension administrator who will then follow the Order in accordance with the the QDRO's terms and you will receive whatever pension funds you are entitled to as set forth by the QDRO and in accordance with the terms and conditions of the pension. 

Please note that this QDRO should have been done long ago. This process can take anywhere from three to eight (8) months so you should not expect to receive anything right away. Also, you should speak with your divorce lawyer so you understand  what you are entitled to. 

You may be expecting 50% of the payment your ex-husband is entitled to receive at the time he is entitled to receive his pension payments but that may not be what you are entitled to.   Anything after your divorce would usually be considered non-marital, therefore, what you are entitled to is most likely 50% of what the marital amount would have been in 1986... not today.  

You should anticipate that this may cost you upwards of $1,000 or more, especially if your divorce matter needs to be reopened by the court.  Reasonably speaking this should be a cost that you would be expected to bear because it is an order that benefits you and removes monies from a benefit in your husband's pension to be apportioned to you.

My best of luck to you with this task. I suggest you seek out the services of a lawyer who specializes in preparing Qualified Domestic Relations Orders. You should be aware that QDROs are not run of the mill orders that are easily drafted.  They can be extremely complicated and rather lengthy at times.

If you need a referral to a qualified attorney who drafts QDRO's, please do not hesitate to contact me at (401) 632-6976 or email me at RhodeIslandDivorceCoach@gmail.com.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach
!!

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Go to RhodeIslandDivorceCoach.com


Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Copyright 2009.  Christopher A. Pearsall, Esquire
 Offering Divorce and Family Law Coaching for a New Millenium!

* Rhode Island licenses all attorneys in the general practice of law.

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Many things can prevent a Rhode Island Divorce Case from settling.  In fact, while I cannot speak for all attorneys in other states I tend to believe that people and attorneys do not differ that much from state to state.  With that in mind, these may be the top two things that prevent divorces from settling on a national basis.


* * * The 2nd Greatest Thing that Prevents Divorce Settlements * * *


In my Rhode Island divorce practice, experience has taught me that "anger" is the second greatest contributor to the inability of parties, with or without attorneys, to reach a reasonable settlement in a divorce.


While divorce often evokes a plethora of emotions in one or both parties in a marriage, none seem as prominent or as powerful to delay and prolong the resolution of the divorce as "anger."  The anger may stem from any number of things ranging from a suddenly discovered long-term affair to a drug or gambling addiction and more.   As a divorce attorney I leave the treatment of a parties' anger to psychologists and therapists better equipped to address and treat its source and help divorcing parties deal with their mental and emotional dilemmas.


However, there is no doubt that as a divorce lawyer, I (and my colleagues) deal with the effects that the anger of either party has on the divorce proceeding.  These effects range from emotion filled meetings with angry clients who feel cheated and betrayed by their spouse to the vindictive decisions or actions of an opposing spouse with an outright desire to injure the other spouse emotionally or even physically.  


Divorce settlements are often prevented by the anger of one spouse at the other spouse.  Usually this takes the form of one or both spouses making demands in the settlement of their marriage that in some way justify the party's feelings or otherwise vindicate the spouse in some way by gaining more in the way of an apportionment of assets or less in the way of an assignment of marital debt.  Simply put this becomes a matter of getting something that makes the spouse feel that he or she "won" in some way over the other spouse.


In truth, there are no real winners in such a situation.  The anger merely costs the parties more physical, mental and emotional turmoil than is necessary and the attorneys make more money while the parties have less money in the end for their own needs.  


Even if one party views the divorce trial or settlement as a "win", it is merely an illusion.  No one wins in a divorce.  The only way to truly win is to resolve the issues you have at present and move on to a new and different future without the other person as your spouse.



* * *  The Greatest Thing that Prevents Divorce Settlements * * * 

Though there are many who may disagree with my conclusion that "making the wrong choice of divorce lawyer" is certainly not the greatest thing that prevents divorce settlements, I leave those persons to their opinion and remain steadfast in my belief that divorce lawyers are often the greatest impediment to preventing divorce settlements.


Having practiced almost exclusively as a Rhode Island divorce and family law attorney for nearly a decade I have had the opportunity to oppose countless attorneys who have represented the opposing spouse.  From the outset of my practice I noted a distinct pattern and made it a practice to listen more than I spoke, it is this practice and skill that has served me best in my divorce and family law practice.  


I have gained my most valuable knowledge by listening to divorce attorneys I have opposed in court as well as listening to others while walking through the halls of the family courts or waiting to be heard in the courtrooms.


Some Rhode Island divorce lawyers, though certainly not all, do not share my "families first" philosophy.  Clients should keep in mind that there are those attorneys who see clients merely as a paycheck.  If you were a divorce attorney with heavy personal financial burdens or with a substantial desire for increased monetary rewards and you knew that your income was dependent upon the number of clients who hire you each year and how much you earn from those clients, what might you do?


Consider each of these questions and answer them for yourself.


If your divorce case lasts longer, couldn't a divorce attorney justify earning more from your case?


If you are upset about your divorce, couldn't a Rhode Island divorce attorney aggravate what is upsetting you in order to make it more difficult and take longer to set up your case?


If your divorce attorney knows that to make his or her desired income he or she must represent X number of divorce clients each year and make $5,000 on each client, is it more likely or less likely that your divorce attorney will counsel you to agree to a reasonable settlement of your case within the first three weeks of your case?


You may draw your own conclusions.  For my part, virtually every case that I have been unable to reasonably settle within a reasonable period of time before both my client and the opposing spouse are injured by the financial burdens associated with divorce litigation have been prevented by attorneys who have placed their own interests before that of their clients.  Some of those attorneys even have an underhanded pattern of doing so such that I now warn my clients of what we are up against before we proceed further.  Attorneys who act in this way do a disservice to the legal profession and an even greater disservice to their own client.


Rhode Island divorce attorneys who act in this way are a greater prevention to the settlement of divorce cases because emotion is not intentional and can be countered by the reasonableness of a good divorce lawyer who cares about the client and places the client's interests first.  However, the intentional actions of a lawyer with his or her own interests placed before those of the client in every sense (mentally, emotionally, physically or financially), can sometimes not be prevented even by the most skilled opposing practitioner.


Ultimately, if you have significant anger regarding your divorce, it is always advisable to seek the assistance of a counselor even if you do not believe your anger is affecting your judgment.  Often, anger does, in fact, affect judgment in divorce cases to a person's detriment.  


Additionally, be aware of what your attorney is doing in your case and remain active in your communications with your attorney.  Most cases are capable of being resolved within three (3) months if the parties and attorneys act in a reasonable manner.  If it takes longer than this, speak with your attorney, speak with your spouse and if necessary, speak with your individual counselor.  You may discover that what you think is happening in your divorce case as represented by your attorney is much different than what is actually occurring.


In any divorce, be aware of your emotional state and be aware of your case and your divorce attorney's conduct.  In the end, both will serve you well in resolving your Rhode Island divorce case.

 

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach
!!

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Go to RhodeIslandDivorceCoach.com


Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Copyright 2009.  Christopher A. Pearsall, Esquire
 Offering Divorce and Family Law Coaching for a New Millenium!

* Rhode Island licenses all attorneys in the general practice of law.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com | Rhode Island Home Buying Tips | 

A RI Child Custody Lawyer in Coventry discusses Child Placement!

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 "Placement" is sometimes confused with custody by laypeople due to its common everyday usage. However, both words are terms of art in Rhode Island Divorce and Family Law. Placement is the legal right of a parent to have primary physical possession of one or more minor children for a particular time.

Note:  Both in its court usage and in Rhode Island Domestic Relations caselaw "placement" is sometimes referred to as "physical custody".

Unless the Department of Children, Youth and Families is involved, there are typically only two placement scenarios. Placement is either solely with one parent or placement is shared between both parents. Joint physical placement of minor children is typically only awarded by the court if the family court judge reasonably believes that such an arrangement is workable and is in the best interests of the minor child(ren).

Placement of the minor children is often by agreement of the parties and approved by the court absent extenuating circumstances where the court may find the arrangement is not in the best interests of the children.

Changes in placement can be made if one of the parties files a Motion for Change of Placement or may be made by the court (sua sponte - at the court's own discretion) if the Rhode Island family court judge believes that the best interests of the minor child(ren) would be served by such a change.

Rhode Island law and Rhode Island Divorce/Family Court judges view the well-being of the minor child(ren) as a paramount concern in domestic relations situations and judges will often take protective measures or issue Orders to protect with the well-being of the minor child(ren). 

A request for the change of an established placement routine for one or more child(ren) that is agreed upon by the parents themselves, either by a Consent Order, Judgment, or Marital Settlement Agreement in an uncontested divorce or at a Nominal Divorce hearing is sometimes granted by the court if the changed situation is, in fact, one that will work for the child(ren), has worked successfully for a period of time prior to the request, and can reasonably seen to serve the child(ren)'s best interests.

However, your request for a change in child placement may be (and often is) scrutinized by the Rhode Island Family Court if there isn't a substantial change in circumstances to warrant the change, or if the reason does not sufficiently demonstrate to the court that the change of placement is in the best interests of the child(ren).

Cases involving a contested requests for changes in placement may occur when one spouse that has placement of the child(ren) exhibits behavior that is dangerous or otherwise detrimental to the child(ren). In these cases the court will endeavor to assist the parties to try to reach a resolution that is in the best interests of the minor child(ren) and preserves as much family harmony as possible for the children and between the parents.

Rhode Island family court judges have also ordered a change of placement where the placement parent is resorting to criminal behavior or consorting with those who are engaged in such behavior. Other reasons for ordering a change of placement include alcoholism, drug use, physical abuse, sexual abuse, mental cruelty, a parent's inability or unwillingness to provide for the fundamental needs of the child(ren) or a parent's attempt to remove the children from the state without permission of the court.

It is important to know what you need to do to protect your child and to take the necessary steps not simply at this moment but for the future as well.

It is additionally important to know who is entitled to the tax deductions for the minor children, whether this can be modified by agreement of the parties, and what is required by the Internal Revenue Service and Rhode Island Division of Taxation in order to be able to lawfully take deductions for the minor child whether you are the placement or non-placement parent.

If you are uncertain of the subtleties that may be associated for good legal arguments in your favor before the Rhode Island Family Courts, a divorce and family law coaching session may be just what you need to become informed so that you can make the best possible decision for your life and the life of your child.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach
!!

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Go to RhodeIslandDivorceCoach.com


Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Copyright 2009.  Christopher A. Pearsall, Esquire
 Offering Divorce and Family Law Coaching for a New Millenium!

* Rhode Island licenses all attorneys in the general practice of law.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com | Rhode Island Home Buying Tips | 

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