Wednesday, November 21, 2012
My ex filed a petition in family court for a QDRO, I was never served me. Is it legal?
Q: Magis. signed didn't check aff of servi: Magistrate didn't check to see affidavit of service. My pension company sent $3,000.00 dollars when it should have been $300.00 Was this legal? Can it be vacated?
David’s answer: You should have been served with the petition as well as the order. Your remedy is to file a motion to vacate your default, which you need to do within 1 year of the date of the QDRO (but as a practical matter you should do so asap). -- David Bliven