Qualified Domestic Relations Order (QDRO) Malpractice in Kentucky
Legal Malpractice That Happened When You Divorced
A lot of time has gone by since you and your ex-spouse divorced. Now, your ex-spouse retires and you are expecting, as provided for in your divorce decree, to receive checks for half of the monthly pension benefit.
But nothing happens. There is no check in the mail and you haven't talked to your ex in 30 years.
It turns out, the QDRO was never filed by your divorce lawyer, or it was drafted improperly Chances are, it is too late for your divorce attorney to fix the problem.
What should you do? Hire an attorney skilled in QDRO malpractice law and professional responsibility. Do so immediately, as the statute of limitations clock starts ticking upon your discovery of the QDRO mishandling, and is only one year.
Will Driscoll and his team are fully staffed, fully knowledgeable and able to answer clients' questions on these issues. In Louisville and throughout Kentucky, call Driscoll & Associates at 888-558-5910 or contact us online.
Experienced QDRO Legal Malpractice Representation
Many lawyers handling divorces in the early 1980s and 1990s did not fully understand the legislation relating to QDROs, nor the details of properly drafting them for their clients. Some lawyers failed to properly file the QDROs with the employer's benefit administrator. Some attorneys may have even failed to have the divorce court issue a QDRO order in the first place, or the QDRO may have been rejected by the employer, with no intervention or follow up by the lawyer. This is a violation of the lawyer's professional responsibility requirements.
When it comes to QDRO orders done long ago, there is a significant uptrend in problems happening today. Divorced people nationwide are now finding out that they don't have the retirement income they thought they would.
Your first step is to call the benefit administrator for your ex-spouse's employer. Ask the pension administrator if a QDRO order was ever delivered and if a split of the pension was made. If you don't like the answer you receive, contact us.
Call Driscoll & Associates at 888-558-5910 or contact us online. Our office is in Louisville, Kentucky and, by associating with local counsel, we can handle QDRO malpractice cases nationwide.
