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vs1964

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  1. Would the Statute of Limitation apply in an Alimony Arrears case for someone with a documented Mental Health and Physical Health Condition?
  2. What can be done if the circuit court refuses to sign the QDRO?
  3. I submitted a QDRO to a Court in Maryland for my Client to receive her portion of Pension benefits as outlined in her JAD. However, her ex-husband has not been cooperating in signing the order, so we decided to file a "Motion to Expedite" entry of QDRO, but the Judge denied the motion. What should be done in MD when a Judge denies a QDRO. I'm a bit concerned that the Judge thinks the Statue of Limitation has run because this Divorce case took place 18 years old. However, Potts v. Potts ruled there is no statue of limitation as QDRO Just looking for some help. All advice appreciated.
  4. Thank you Mr. Goldberg for this! Just to confirm is Alimony awarded in JAD viewed as a "Debt" or a "Duty" Would the Statue of Limitations apply in an Alimony case?
  5. Do you know anything about the laws in Maryland. I know QDROs have no statue of limitations in MD, as held in Potts v. Potts. My main question is how how should the interest be applied if the Alimony will be garnished under a QDRO for a Deferred Compensation Plan. Should the Wife share of Alimony be credit with the investment experiences under the plan pursuant to the rules of the Plan because the Alternate Payee will be treated as a Participant with her out retirement account created?
  6. I have a Client who was divorced by Judgement of Absolute Divorce. In the JAD the wife (Plaintiff) was to receive Rehabilitative Alimony for 30 months. The Defendant never provided those payments to the Plaintiff. Now we are 20 years later and the Plaintiff is working on a Qualified Domestic Relations Order to receive the Pension benefits awarded to her in the JAD. Now she is also trying to file a petition to receive the Alimony payments never received, but I notified her that the statue of limitation has passed. However, she can use a QDRO to receive the Alimony payments that she is entilited to receive, as the state that she resides has no statue of limitation on QDROs. Now to get to my question: I am drafting a QDRO for Alimony in a 401k Account, should I include only the exact dollar amounts awarded to her or should the QDRO apply the interest of the investment accounts on the wife's Alimony share, as any account would?
  7. I am a Law Student, and I am working a case assisting an elderly women who was due Alimony from her ex-husband as part of a Judgement of Absolute Divorce. I am not working with the woman to obtain Alimony through a QDRO for the ex-husband's 401k benefits. This Case is in MD and I am aware that unless a party waives their rights in a Judgement to receive the accrued interest in a Defined Contribution Plan, both parties will share in the interest generated over the years. My question is does relate to Alimony that is being awarded pursuant to a QDRO; should I write up that she is entitled to interest accured over the years on her share?
  8. Does anyone have Template Letter for a Notice of Adverse Interest to an Employees Company?
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