I have been legally separated for less than a year and the judgement has gone through already (last Dec 2012).

Asked 9 months ago - Irvine, CA

However , My lawyer didn't souapeana my ex retirement plan to find out if there are community assets on it. I am wondering can I do it through small claim court by my self since I cant afford family attorney? if not how family lawyer can souapeana it , and can get documents directly from company? pelase give me details message regard it.

Attorney answers (1)

  1. Gregory Paul Benton

    Contributor Level 19


    Lawyer agrees

    Answered . Small claims court won't do this. You need to go through a family law court. If the judgment contained a clause in it that reserved jurisdiction on the assets and the reitrmeent, then you only need to file a joinder of the pension plan. You will need to do a QDRO order though. That would probably take the services of an attorney.

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