Motion to Transfer hearing (and ...)

[meldresler]

What is the name of your state (only U.S. law)?

I am in KY; my ex is in VA.

I just received notice of a motion to transfer hearing taking place in VA in about a week. (The point is to transfer the child custody issues here to KY).

In the meantime, my ex has been fudging the transfer of retirement assets; he had 30 days after the divorce decree; it's been 35 (and he's been sending emails trying to leverage made up things "I'll pay if you do this ...").

A couple of questions:

1. Is it important that I attend this hearing? I want the custody issues to be transferred so I don't object.

2. Would that be a useful time to file contempt charges in terms of the funds? We really need the funds to avoid foreclosure and unfortunately he knows this.

thank you.

 

[LdiJ]

What is the name of your state (only U.S. law)?

I am in KY; my ex is in VA.

I just received notice of a motion to transfer hearing taking place in VA in about a week. (The point is to transfer the child custody issues here to KY).

In the meantime, my ex has been fudging the transfer of retirement assets; he had 30 days after the divorce decree; it's been 35 (and he's been sending emails trying to leverage made up things "I'll pay if you do this ...").

A couple of questions:

1. Is it important that I attend this hearing? I want the custody issues to be transferred so I don't object.

2. Would that be a useful time to file contempt charges in terms of the funds? We really need the funds to avoid foreclosure and unfortunately he knows this.

thank you.

Unless you have an attorney and your attorney says that you do not have to attend, and even sometimes then, its ALWAYS important to attend a hearing.

You could file for contempt on the financial issues and ask that they be heard at the same hearing...however I doubt that there is enough lead time for that...not if the hearing is to take place next week.

 

[meldresler]

OK, but I received notice just today ... so ...

 

[Ohiogal]

What is the name of your state (only U.S. law)?

I am in KY; my ex is in VA.

I just received notice of a motion to transfer hearing taking place in VA in about a week. (The point is to transfer the child custody issues here to KY).

In the meantime, my ex has been fudging the transfer of retirement assets; he had 30 days after the divorce decree; it's been 35 (and he's been sending emails trying to leverage made up things "I'll pay if you do this ...").

A couple of questions:

1. Is it important that I attend this hearing? I want the custody issues to be transferred so I don't object.

2. Would that be a useful time to file contempt charges in terms of the funds? We really need the funds to avoid foreclosure and unfortunately he knows this.

thank you.

You need to attend the hearing. Also when it comes to retirement issues they can take a lot longer than 30 days. A QDRO needs written, approved by the company, approved by both parties (or their attorneys), submitted to the court and then certified copies of the order sent to the company for them to start the process of transferring the funds. It can take longer if one side or the other does NOT have counsel. Do either of you have an attorney? Who is writing the QDRO? Have you hired anyone? The QDRO has SPECIFIC language that MUST be included.