Qdro????

[JPSURF]

What is the name of your state (only U.S. law)? CA
Well need some advice on getting a QDRO taken care of. My Ex decided she was paying to much for her attorney after finding out how much i payed my attorney and decided to not pay. Well here attorney was supposed to take care of the QDRO. I want to get this taken care of and don't know the best way to do this. We are on good terms and it has already been decided what she will get through court. She only wants part of my 401k and not my pension. Will that be an issue? We were only married for 4 years.

Thanks Jason

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA
Well need some advice on getting a QDRO taken care of. My Ex decided she was paying to much for her attorney after finding out how much i payed my attorney and decided to not pay. Well here attorney was supposed to take care of the QDRO. I want to get this taken care of and don't know the best way to do this. We are on good terms and it has already been decided what she will get through court. She only wants part of my 401k and not my pension. Will that be an issue? We were only married for 4 years.

Thanks Jason

Well, SOMEONE has to pay for the QDRO to be filed. Since there would be no reason to do so until the divorce is final, I'm assuming that you have the decree in place. If so, one of you has to pay the cost (the court document might say whose responsibility it is, but it might not).

If everything else is final, it shouldn't cost that much for someone to file the QDRO, so just do it.

If you have a final decree, then her getting part of the 401K and not your pension is obviously OK. If you DON'T have a final decree, don't file a QDRO. Filing it before everything is final would be a huge mistake.

 

[wileybunch]

JPSURF , try contacting your plan administrator. They may have the packet you need with fill-in-the-blanks to establish the QDRO that would ultimately be filed (what some have to pay $$$ for).

 

[JPSURF]

Thanks for the replies i am going to check with my Human Resources to see if they can help.

JP

 

[Bali Hai]

Thanks for the replies i am going to check with my Human Resources to see if they can help.

JP

Of course, your other option is to sit back and do nothing.

Why are you so hot to get this QDRO taken care of??

SHE is legally required to take the necessary steps to get part of YOUR 401K!!!

 

[mistoffolees]

Of course, your other option is to sit back and do nothing.

Why are you so hot to get this QDRO taken care of??

Maybe because it's better to get things like this settled than to let them drag out? What's your problem with that?

 

[Bali Hai]

Maybe because it's better to get things like this settled than to let them drag out? What's your problem with that?

The key word here is "maybe".

She is remiss and it's no skin off his butt if the QDRO is NEVER executed!!

Why should he worry about HER negligence in handling what she is legally obligated to do?

 

[JPSURF]

I might be wrong but i think the paper work was submitted to my company and the QDRO started but never finished. So i think my stock is locked up due to a QDRO and i can't borrow on this money if ever needed to. And i don't now if this effects the ability to transfer funds around.

JP

 

[Bali Hai]

I might be wrong but i think the paper work was submitted to my company and the QDRO started but never finished. So i think my stock is locked up due to a QDRO and i can't borrow on this money if ever needed to. And i don't now if this effects the ability to transfer funds around.

JP

If a court ordered QDRO was submitted to the plan administrator, they have no choice but to execute it.

You said in your first post that she discharged her attorney and therefore the QDRO was not done.

For the QDRO to be "DONE" the judge has to sign off for it to be submitted to your plan administrator.

Get your story straight.

 

[mistoffolees]

The key word here is "maybe".

She is remiss and it's no skin off his butt if the QDRO is NEVER executed!!

Why should he worry about HER negligence in handling what she is legally obligated to do?

You are incorrect. If she doesn't file it (or, more likely, if she files it and the financial form loses it), she can come back at a later date and refile - and it may well cost him more money.

There was a case recently where the wife had a share of the plan (assigned as $xxxx). That would have given her a certain percentage of husband's retirement plan. Then, stocks fell before the money was distributed, so she got a greater percentage.

Or maybe you like the one where someone's going to lose a house because the husband never had the wife sign a quit claim deed.

Or maybe all the ones about people getting stuck for defaulted mortgages because the OP didn't refinance.

You've been around long enough to know that it's a pretty good bet that things are easier and cheaper to resolve if they're fixed right away. The longer something stays open, the messier and more expensive it becomes. Not always, but often enough that it's almost always better to close things out soon after they're resolved rather than letting them float indefinitely, especially when, as in this case, closing it out is as simple as sending in a document.

 

[JPSURF]

If a court ordered QDRO was submitted to the plan administrator, they have no choice but to execute it.

You said in your first post that she discharged her attorney and therefore the QDRO was not done.

For the QDRO to be "DONE" the judge has to sign off for it to be submitted to your plan administrator.

Get your story straight.

Can you tell me why there has been a QDRO for over five years on my 401k if this is supposed to be taken care of automatically?

 

[Bali Hai]

Can you tell me why there has been a QDRO for over five years on my 401k if this is supposed to be taken care of automatically?

Do you have a copy of the QDRO? If not why not?? If a QDRO has been filed, go to the courthouse and get a copy of it and return here with any questions.

 

[Bali Hai]

You are incorrect. If she doesn't file it (or, more likely, if she files it and the financial form loses it), she can come back at a later date and refile - and it may well cost him more money.

Not if the 401k was divided properly.

There was a case recently where the wife had a share of the plan (assigned as $xxxx). That would have given her a certain percentage of husband's retirement plan. Then, stocks fell before the money was distributed, so she got a greater percentage.

That's why you don't agree to a dollar amount or a percentage when the 401k is invested in stocks. You split the SHARES!!

Or maybe you like the one where someone's going to lose a house because the husband never had the wife sign a quit claim deed.

Irrelevant.

Or maybe all the ones about people getting stuck for defaulted mortgages because the OP didn't refinance.

Irrelevant.

You've been around long enough to know that it's a pretty good bet that things are easier and cheaper to resolve if they're fixed right away. The longer something stays open, the messier and more expensive it becomes. Not always, but often enough that it's almost always better to close things out soon after they're resolved rather than letting them float indefinitely, especially when, as in this case, closing it out is as simple as sending in a document.

If it's so simple, then the ex-wife should get off her butt and get it done!!

 

[mistoffolees]

If it's so simple, then the ex-wife should get off her butt and get it done!!

The wife isn't getting it done, so he can choose to leave it hanging or spend a couple of hours and a few hundred dollars and get his divorce finalized with all the loose ends tied up. Or he can spend 10 times as much going back to court to force the wife to do it.

The rational step is to simply do it himself since his ex won't-for all the reasons I gave above.