Q: 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?
A: 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
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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