Legal Question in Family Law in Washington

Exspouse won't sign Amendment to divorce

My ex and I prepared a non contested divorce. We both agreed to the division of property. It was signed by judge. This divorce says that I will receive part of his pension. My ex spouse has now retired.

Pension adminstration said that the language was not specific. It did not provide time lines, etc.

An amendment to decree was prepared.

Ex refuses to sign the amendment that does not change percentile but states that I will receive monthly payments.

What can I do now?? Is he in non-compliance to the decree?

Help!


Asked on 2/12/09, 12:48 pm

3 Answers from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Exspouse won't sign Amendment to divorce

Not only should you bring a motion to clarify and amend the decree, but if you husband can be found to be acting in bad faith or acting in transigently, then I'd ask for attorney's fees and cost for having to bring the motion.

Read more
Answered on 2/13/09, 8:24 am
James Vasquez In Pacta, PLLC

Re: Exspouse won't sign Amendment to divorce

From the facts stated in your posting, your only option now is to file a motion to enforce and clarify the decree of dissolution. You would be asking the court to order that your ex sign the amendment to the decree because it is intended to carry out not only the agreement between you and your ex, but also the intent of the language in the decree. I have an attorney in my office that can assist you with this process. If you'd like to schedule an appointment feel free to email me.

Read more
Answered on 2/12/09, 12:56 pm
Christopher Steuart IT Forensics, Inc.

Re: Exspouse won't sign Amendment to divorce

I am not sure what "it," is. If "it" is a decree, then you should have followed up with a Qualified Domestic Relations Order (QDRO) that establishes the details of how the pension is to be distributed. If "it" is a QDRO that is surprising, because they are usually routed to the company for review (if it was not in fact drafted by the company) before presentation to the judge. I am going to guess that what Pension Administration wants is a QDRO.

Read more
Answered on 2/12/09, 10:20 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington