I submitted a QDRO in 12/2010, since then I have been required to submit a Sumons (Joinder) (fl375), Pleading on Joinder-Employee Benefit Plan (fl370), Request for Joinder of Employee Benefit Plan and Order (fl372), Explanatory Declaration, and Proof of Service (fl335). Now the court wants me to file a Notice of motion (fl301). I need to know what items need to be included in this motion, and other forms to attach. I have submitted my paperwork In Pro Per as I do not have any contact information on my spouse, he moved out of state. This court (Lamoreaux Justice Center) requires I file a motion for my QDRO because I cannot get a signature from him. I started this process in 9/2010, and I seriously need help on how to proceed correctly, can someone please advise?
Family Law Attorney
You are probably much better off at least contacting an experienced family law attorney who can walk you through the mechanics of getting this done, rather than spending a lot more time, trouble, and, possibly, money, trying to get it done yourself.
Family Law Attorney
If you can't afford an attorney, you may be able to get assistance from the self-help clinic at the court house. Call to find out where and when they may have time available to assist you, and if they are unable to assist you, it may be difficult for you as a Pro Per to prepare the Motion.
Not only is the Notice of Motion (FL-301) required, but also an Application for Order and Supporting Declaration (FL-310), where you would need to tell the Court what relief you are requesting, checking Box #9, OTHER RELIEF, stating something to the effect that you are seeking an order allowing the QDRO to be filed and its order signed by the Court and entered without your husband's signature, or in the alternative, to order that the Court Clerk sign the QDRO in lieu of your refusing husband, and that the Court sign, file and enter the QDRO. Also check Box #10 and provide the facts in support of your requested relief, stating that you have provided the QDRO to your husband to sign and he has failed and/or refused to sign it; you might attach copies of letters and e-mails to and from your husband regarding your efforts and his refusals. After you file the Notice of Motion, you will need to have somebody other than you, over the age of 18, to serve a copy of the Notice of Motion, Application for Order and Supporting Declaration (and any attachments), and a blank Responsive Declaration to Notice of Motion (FL-320), upon your husband by mail along with an unsigned but otherwise completed Proof of Service (FL-335), to thereafter sign the Proof of Service, and to file the Proof of Service with the Clerk of the Court.
If you can afford to retain an attorney, you should retain an experienced Family Law Attorney to represent you in the case, inasmuch as there may be rights other than your QDRO rights that you may be entitled to, INCLUDING ATTORNEY'S FEES.
If you can't afford to retain an attorney, you should at least consult with an experienced Family Law Attorney regarding your case, and that attorney may be willing to prepare your Notice of Motion, etc. for you for a reduced fee.
You should consider making a request for Attorney's Fees and Family Code Section 271 Sanctions in your Notice of Motion, and if you do so, you would need to include a completed and signed Income and Expense Declaration (FL-150) with your motion papers (and service papers - and if you do so, you would need to include a blank Income and Expense Declaration in the papers that are served), It would be best if you retain or at least consult with an experienced Family Law Attorney before you try to draft your Motion papers.