What to do if my ex is not being cooperative with the signing a QUADRO for pension distribution as per our divorce agreement?

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What to do if my ex is not being cooperative with the signing a QUADRO for pension distribution as per our divorce agreement?

I was told her signature is not needed to file just proof that an attempt was made. A 3rd party mailed the QUADRO return receipt requested, in hopes she would sign for the package. Looks like a notice was left and it sits at the post office awaiting her to pick it up for the past 5 days. I believe they hold it for 10 before returning to sender. I have the stamped receipt from the post office showing I mailed it with the tracking number. I am able to go onto USPS website and see that a notice was left for her thus showing the attempt was made. Can I file the QUADRO with the receipt from the post office and a print out from the USPS website showing the attempt was made or do I have to wait until the package returns to show the proof?

Asked on September 29, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

With respect to your attempt to get your "ex" to sign the QUADRO pension distribution that she is required to sign per a court order, printing out the online tracking information where the notice for her to pick up the certified mailing was left for her and no response to such is fine for your anticipated motion for an order to show cause regarding contempt of a court order. There is no real need for you to have to wait for the package to be returned to you unclaimed for you to proceed.


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