Attorney that did the original decree and QDRO, didn't follow the instructions given to him by the wife, his client, and the language he entered regarding a retirement (Defined Benefit Plan) settlement said something totally different, and now they are trying to get it modified. It was done in 2008 originally. Both spouses are in agreement that it needs to be changed to what they intended it to say but the attorney they now have working on it is having a difficult time trying to find a way to get it in front of the judge who told him to find a statute that would allow him to hear the case. The attorney hasn't been able to locate anything.
Answer
The problem is that if the proposed amended QDRO creates new substantive rights not contemplated by the terms of the divorce decree then the judge may not have the power to amend the QDRO. If the attorney doesn't know how to deal with this situation then he or she probably needs to consult with an attorney with more experience dealing with QDRO issues.
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