I am ordered to join spouse's retirement plan to our divorce in Los Angeles & read that I am supposed to include a copy of the divorce decree, however we are not divorced yet and I am only joining them to the case right now. Do I need to send a copy of the Order After Hearing with the Summons? I will hire someone when it comes time for the QDRO but I think I may be able to handle the joinder on my own for now. And is this packet and instructions the same that I need to do for Los Angeles County?
Joinder of plan does not require you to serve the plan with a divorce decree or findings and order after hearing. Once the clerk issues the summons, you can serve them with the joinder and the summons and wait for the plan's response.
This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.
Prepare the NOtice of Motion and Motion for Joinder. Serve it on the parties including the pension plan administrator. The file the Notice and Motion with the court. If they set a hearing, then give notice to all parties of the hearing date. Once the court orders the joinder, then have the court sign the Order and serve the Order on the pension plan administrator.
No. You do not need to send a copy of an order when joining the pension plan to the plan. You will need to file the three judicial council forms, a Request for Joinder, Pleading on Joinder and the proper Summons. Serve it all in the plan, and they should respond. You should join the plan as soon as possible to notify the Plan of your adverse interest. Later in your case, if there is a community interest in the Plan that is divided by the Judgment, the Plan will require a copy of the order and, depending on the nature of the Plan, additional documents to effectuate the division. Good luck. Heidi H. ARomeo, Esq., CFLS
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