post-judgment letter to client â sample 2 - Professional Liability Fund
post-judgment letter to client â sample 2 - Professional Liability Fund post-judgment letter to client â sample 2 - Professional Liability Fund
county courthouse] County Courthouse, [city], Oregon, to request a CERTIFIED copy of your judgment. There will be a charge for this copy. Mail the certified copy of the Judgment of Dissolution to the life insurance company and request, as beneficiary, that the company notify you if ever premium payments are not made or if the policy holder takes any action that will change the beneficiary or reduce the benefits of the policy. Please note that Oregon law states that this insurance obligation may not be reduced by loans or by other means until the obligation has been fulfilled. Please remember that it is your responsibility to obtain a copy of the insurance policy. You should request a copy from your former spouse. This office will not take any further steps to obtain a copy of the policy unless you request us to do so in writing. If your former spouse dies without life insurance, you will lose this very important financial protection. 7. LIFE INSURANCE (obligor) The Judgment of Dissolution states that you are to pay and maintain life insurance to protect your support obligation. Provide your [ex-wife/husband] with a true copy of your policy. This policy may not be reduced by loans or by any other means until your support obligation has been fulfilled. If you ever undertake an action that would reduce the benefits or change the designation of beneficiaries under this policy, Oregon law requires you to provide written notice to your [exwife/husband] of such action. OR 8. COBRA – CONTINUATION OF INSURANCE COVERAGE You may wish to continue to carry medical insurance coverage from the company that provides your ex-spouse’s group insurance. If you do, you must promptly apply for what is called “portability coverage,” “continuation coverage,” or “COBRA coverage.” The rules vary in how long that you have to apply, but your deadline may be as short as thirty days from the date your Judgment was signed, so please act promptly! I suggest that you make application both to your ex-spouse’s medical insurance company and to [his/her] Health Benefit Administrator. You will receive no notice of this deadline, and, if you miss it, you will lose your right to obtain this type of medical insurance coverage. New coverage may well be more expensive or exclude any pre-existing conditions that you have. I will not handle this for you unless you specifically ask me to do so. Pursuant to the Marital Settlement Agreement, your former spouse is required to enroll you for extended medical/hospital/dental coverage. You should check with your former spouse’s employer within thirty days after the entry of your Judgment of Dissolution to make sure this was done. 9. MODIFICATION The division of property in the Judgment of Dissolution is not modifiable. However, it may be possible for you or your [ex-wife/husband] to modify other terms of your judgment in the future. In order to modify support or custody provisions, the court must be satisfied that a “substantial change of circumstances” has occurred since the original judgment or the latest order. Page 6 [28-Nov-05 Rev 11/05] FORM COURTESY OF CRAIG M. COWLEY GEVURTZ, MENASHE ET AL PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)
Parenting time can be modified without showing a substantial change of circumstances, provided that the award of custody remains undisturbed and that the best interests of the [child/children] require the modification. 10. HOUSEKEEPING MATTERS Please remember to check with all insurance carriers and your employer to ensure that the beneficiary designation on each of your insurance policies, IRAs, and work benefits reflect the person you actually want as the beneficiary. The dissolution alone will not automatically strike a former spouse’s name from an insurance beneficiary designation, IRA, or work benefit. You will need to execute a new will. I encourage you to make an appointment with an attorney who practices estate planning to assist you in preparing a new will. The Internal Revenue Code requires every taxpayer to notify the IRS if there is a change in address, marital status, or if the taxpayer has resumed her maiden name. File IRS Form 8822 as soon as possible. You were awarded a portion of your former spouse’s pension plan. You must notify the plan within thirty days of any change of your address. This is to protect your rights. The pension company needs to be able to find you at any time to provide notice of any change in the plan or to let you know that a claim for benefits has been made. Your failure to keep the pension company advised of your address could jeopardize your right to receive pension benefits. As you know, a Qualified Domestic Relations Order (QDRO) still needs to be prepared. This is the legal document which will transfer your share of the pension into your [ex-wife/husband]’s name. You will retain [name of attorney] to prepare the QDRO. Please feel free to contact [name of attorney] directly if you have any questions regarding the QDRO. After the QDRO is prepared, it must be approved by the plan administrator. After the QDRO is approved, it will be forwarded to the court for signature. Then a certified copy will be sent to the plan administrator. It is important that you keep the pension plan advised of any changes in your address. You should contact [name of attorney] as soon as possible to get this process started. Social security makes a variety of benefits available to retired workers and their families, even ex-spouses. You should contact the Social Security Administration directly to learn what your rights are. There are also benefits available should your former spouse die. Check with the Social Security Administration about those should this happen. If you plan to remarry, please consult me or another attorney of your choice concerning a prenuptial agreement. You may decide you don’t want one; however, it is important to at least have the information upon which to make this decision. In addition, if you should remarry and have an existing will, please consult an attorney concerning the will, since a remarriage can revoke an existing will. We have a number of documents that have been supplied to us during the course of this proceeding, including such materials as income tax returns, bank statements, appraisals, and other financial documents. We will be glad to return these to you by having them ready for you to pick up here at our office. Please notify my legal assistant, [name of assistant], whether or not you want the documents. If [name of assistant] or I do not hear from you by [date], we will assume you do not want the material returned, and we will proceed to dispose of it appropriately. Page 7 [28-Nov-05 Rev 11/05] FORM COURTESY OF CRAIG M. COWLEY GEVURTZ, MENASHE ET AL PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)
- Page 1 and 2: POST-JUDGMENT LETTER TO CLIENT - SA
- Page 3 and 4: A wage assignment will take several
- Page 5: 5. SPOUSAL SUPPORT (paying support)
county courthouse] County Courthouse, [city], Oregon, <strong>to</strong> request a CERTIFIED copy of your<br />
<strong>judgment</strong>. There will be a charge for this copy. Mail the certified copy of the Judgment of<br />
Dissolution <strong>to</strong> the life insurance company and request, as beneficiary, that the company notify<br />
you if ever premium payments are not made or if the policy holder takes any action that will<br />
change the beneficiary or reduce the benefits of the policy. Please note that Oregon law states<br />
that this insurance obligation may not be reduced by loans or by other means until the obligation<br />
has been fulfilled.<br />
Please remember that it is your responsibility <strong>to</strong> obtain a copy of the insurance policy. You<br />
should request a copy from your former spouse. This office will not take any further steps <strong>to</strong><br />
obtain a copy of the policy unless you request us <strong>to</strong> do so in writing. If your former spouse dies<br />
without life insurance, you will lose this very important financial protection.<br />
7. LIFE INSURANCE (obligor)<br />
The Judgment of Dissolution states that you are <strong>to</strong> pay and maintain life insurance <strong>to</strong> protect<br />
your support obligation. Provide your [ex-wife/husband] with a true copy of your policy.<br />
This policy may not be reduced by loans or by any other means until your support obligation has<br />
been fulfilled.<br />
If you ever undertake an action that would reduce the benefits or change the designation of<br />
beneficiaries under this policy, Oregon law requires you <strong>to</strong> provide written notice <strong>to</strong> your [exwife/husband]<br />
of such action.<br />
OR<br />
8. COBRA – CONTINUATION OF INSURANCE COVERAGE<br />
You may wish <strong>to</strong> continue <strong>to</strong> carry medical insurance coverage from the company that provides<br />
your ex-spouse’s group insurance. If you do, you must promptly apply for what is called<br />
“portability coverage,” “continuation coverage,” or “COBRA coverage.” The rules vary in how<br />
long that you have <strong>to</strong> apply, but your deadline may be as short as thirty days from the date your<br />
Judgment was signed, so please act promptly! I suggest that you make application both <strong>to</strong><br />
your ex-spouse’s medical insurance company and <strong>to</strong> [his/her] Health Benefit Administra<strong>to</strong>r. You<br />
will receive no notice of this deadline, and, if you miss it, you will lose your right <strong>to</strong> obtain this<br />
type of medical insurance coverage. New coverage may well be more expensive or exclude<br />
any pre-existing conditions that you have. I will not handle this for you unless you specifically<br />
ask me <strong>to</strong> do so.<br />
Pursuant <strong>to</strong> the Marital Settlement Agreement, your former spouse is required <strong>to</strong> enroll you for<br />
extended medical/hospital/dental coverage. You should check with your former spouse’s<br />
employer within thirty days after the entry of your Judgment of Dissolution <strong>to</strong> make sure this was<br />
done.<br />
9. MODIFICATION<br />
The division of property in the Judgment of Dissolution is not modifiable. However, it may be<br />
possible for you or your [ex-wife/husband] <strong>to</strong> modify other terms of your <strong>judgment</strong> in the future.<br />
In order <strong>to</strong> modify support or cus<strong>to</strong>dy provisions, the court must be satisfied that a “substantial<br />
change of circumstances” has occurred since the original <strong>judgment</strong> or the latest order.<br />
Page 6 [28-Nov-05 Rev 11/05]<br />
FORM COURTESY OF CRAIG M. COWLEY<br />
GEVURTZ, MENASHE ET AL<br />
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)
Change language