Qdro

[humbaker1]

What is the name of your state (only U.S. law)? New Jersey

I am working on a QDRO, have been recently divorced. Our QDRO. My attorney got a letter from his insisting that I own him $1,300, not related to pension, retirement or the like. In fact, I do not believe that I owe him this money at all. The letter indicated that he is going to deduct that amount from my QDRO settlement plus taxes related to the early withdrawal. Obviously, never agreed to such an arrangement, and I certainly would not touch my retirement savings if I did owe him any money. This seems blatantly illegal. Is there any documentation in the tax code that I can use to support my case?

 

[mistoffolees]

What is the name of your state (only U.S. law)? New Jersey

I am working on a QDRO, have been recently divorced. Our QDRO. My attorney got a letter from his insisting that I own him $1,300, not related to pension, retirement or the like. In fact, I do not believe that I owe him this money at all. The letter indicated that he is going to deduct that amount from my QDRO settlement plus taxes related to the early withdrawal. Obviously, never agreed to such an arrangement, and I certainly would not touch my retirement savings if I did owe him any money. This seems blatantly illegal. Is there any documentation in the tax code that I can use to support my case?

It has nothing to do with the tax code. If the divorce decree says that he is supposed to transfer $X to you via QDRO and he does not do so, he is in contempt. Have your attorney tell him that you expect the full court-ordered amount or you will file for contempt and ask for the difference to be made up plus attorney's fees.

If he thinks that you owe him $1,300, then he should request it from you and if that fails, file a claim in court. The courts do not look kindly on people taking things into their own hands, particularly if his claim is questionable (as you think it is).

 

[LdiJ]

It has nothing to do with the tax code. If the divorce decree says that he is supposed to transfer $X to you via QDRO and he does not do so, he is in contempt. Have your attorney tell him that you expect the full court-ordered amount or you will file for contempt and ask for the difference to be made up plus attorney's fees.

If he thinks that you owe him $1,300, then he should request it from you and if that fails, file a claim in court. The courts do not look kindly on people taking things into their own hands, particularly if his claim is questionable (as you think it is).

I agree. It is also absurd for him to bring taxes into it. If the money is properly divided via a QDRO then there will be no tax consequences unless you withdraw the money after division, and if you do, the tax consequences are yours.