Family Law

Qualified Domestic Relations Order (QDRO)

What is a QDRO?

What is a Qualified Domestic Relations Order?  (Otherwise known as a QDRO [pronounced Quad-row] on the street.)  And more importantly (because let’s be honest, you don’t really care, except for the fact that you need one) why do I need one?  According to the United States Department of Labor:
“A ‘qualified domestic relation order’ (QDRO) is a domestic relations order that creates or recognizes the existence of an alternate payee’s right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan, and that includes certain information and meets certain other requirements.”  [ERISA § 206(d)(3)(B)(i); IRC § 414(p)(1)(A)]
This is why we all hate lawyers, right?  Translated into English, this is saying that a QDRO enables someone, who is not the person who owns the account, to receive, among other things, money from the plan, as long as certain requirements are met.  Now for you kinetic learners out there, here’s a real-life example.  Mrs. (soon to be Ms.) Smith has a 401(k) thorough her employer (yes, I am a feminist.)  Mrs. Smith, and only Mrs. Smith can be on the account, have access to the money, and decide what she wants to do with the money, that’s how all 401(k)s work.  Mrs. Smith and Mr. Smith are divorcing and decide, whether through mutual agreement, mediation, a long-drawn out court battle, whatever, to divide Mrs. Smith’s 401(k) 50/50.  So they can just write Mrs. Smith’s company a nice little note asking them to please give Mr. Smith half of the account, right?  No!  Haven’t you been paying attention?  Lawyers do not make anything easy! [...]

By |February 18th, 2016|Family Law|Comments Off on Qualified Domestic Relations Order (QDRO)|

SAN DIEGO LEGAL DOCUMENTS NOW HANDLES EVICTIONS!

We are proud to announce into our repertoire of legal services Unlawful Detainers.  What is an Unlawful Detainer?  It is a real property eviction action due to foreclosure, non-payment of rent, termination of tenancy, breach of lease, etc.  We specialize in Landlord/Tenant actions and can assist property owners in evicting tenants as well as assist tenants in responding to an eviction action.

When a property owner has not received rent for the current month they can serve the tenant with a 3-day notice to pay or quit.  Should the tenant fail to pay after the 3 days, the owner may pursue legal action.  We can assist in the filing of documents to evict the tenant for non-payment of rent, as well as provide a 3-day notice to pay or quit for the owner to post.

In some scenarios, a lease expires, but the tenant refuses to vacate the property.  This would require a termination of tenancy notice be posted.  Should the tenant fail to vacate upon the expiration of the notice, the owner may proceed with legal action.

Sometimes tenants fall victim to property owners or property management companies that refuse to complete repairs or maintain a habitable property.  Tenants have options too, and may need assistance filing the legal documents regarding an eviction and/or small claims against the property owner.

San Diego Legal Documents can assist in all areas of Landlord/Tenant law.  Please contact us ASAP and we will be able to assist you.

By |September 1st, 2015|Family Law|Comments Off on SAN DIEGO LEGAL DOCUMENTS NOW HANDLES EVICTIONS!|

PARALEGAL & LEGAL DOCUMENT ASSISTANT | Know the difference

What can a Paralegal do? A paralegal assists an attorney in preparation of legal documents, gathering facts, performing research, interviewing witnesses, and other tasks at the direction of an attorney.
By |September 25th, 2013|Family Law|1 Comment|