QDRO Waiver

[QDROHelp]

Los Angeles, California

Hello, I was wondering what the simplest way of filing a QDRO form would be? My parents divorced 7 years ago or so and now that my father retired he needs to file QDRO in order to receive his pension. My mother is in no need of money and has volunteered to waive her rights to any of the pension benefits. She's currently living in a different state and can only visit for around two weeks. Is this something that she would be able to do on her own? Or should she just hire a lawyer to simplify the process?

Thank You

 

[Zigner]

Los Angeles, California

Hello, I was wondering what the simplest way of filing a QDRO form would be? My parents divorced 7 years ago or so and now that my father retired he needs to file QDRO in order to receive his pension. My mother is in no need of money and has volunteered to waive her rights to any of the pension benefits. She's currently living in a different state and can only visit for around two weeks. Is this something that she would be able to do on her own? Or should she just hire a lawyer to simplify the process?

Thank You

She should hire an attorney.

 

[LdiJ]

Los Angeles, California

Hello, I was wondering what the simplest way of filing a QDRO form would be? My parents divorced 7 years ago or so and now that my father retired he needs to file QDRO in order to receive his pension. My mother is in no need of money and has volunteered to waive her rights to any of the pension benefits. She's currently living in a different state and can only visit for around two weeks. Is this something that she would be able to do on her own? Or should she just hire a lawyer to simplify the process?

Thank You

While your mother may be in no need of her share of your father's pension benefits, as outlined by the divorce decree, right now, that is not a guarantee that she will not be in need of those pension benefits sometime in the future, particularly after her own retirement. Its not really in her best interest to waive those benefits. A QDRO can be tricky to fill out and each company has their own requirements. If the pension company in question can provide a form to fill out for the QDRO that could be the best way to go as that would meet all of the company's requirements.
However again, I would not recommend that your mother waive her rights without very careful consideration of her long term needs.

 

[Bali Hai]

Los Angeles, California

Hello, I was wondering what the simplest way of filing a QDRO form would be? My parents divorced 7 years ago or so and now that my father retired he needs to file QDRO in order to receive his pension. My mother is in no need of money and has volunteered to waive her rights to any of the pension benefits. She's currently living in a different state and can only visit for around two weeks. Is this something that she would be able to do on her own? Or should she just hire a lawyer to simplify the process?

Thank You

Whose pension is it? If it's your fathers, why would he need to file a QDRO?

 

[QDROHelp]

Zigner,

Thanks, I'll tell her to do this.

LdiJ,

She'll be fine. Pension planner didn't provide any form.
Bali,

I'm not too familiar with how this whole thing works but isn't a QDRO completely standard here?

 

[Bali Hai]

Zigner,

Thanks, I'll tell her to do this.

LdiJ,

She'll be fine. Pension planner didn't provide any form.
Bali,

I'm not too familiar with how this whole thing works but isn't a QDRO completely standard here?

Only if he wants to get money from HER pension. In that case the QDRO should have been executed 7 years ago.

 

[LdiJ]

Only if he wants to get money from HER pension. In that case the QDRO should have been executed 7 years ago.

Bali, if he doesn't want to be in contempt of the divorce decree a QDRO needs to be executed before he starts taking his pension as well.

 

[cbg]

Does the divorce decree specify a QDRO? That does not appear to be clear.

 

[Bali Hai]

Does the divorce decree specify a QDRO? That does not appear to be clear.

Yes, and if so, WHO was ordered to get it done?

 

[Bali Hai]

Bali, if he doesn't want to be in contempt of the divorce decree a QDRO needs to be executed before he starts taking his pension as well.

Is he in contempt of court if the other party doesn't enter a complaint?