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  1. #1
    WiggyFife is offline Junior Member
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    QDRO - is there a statute of limitations for filing to collect???

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

    I just received my divorce decree earlier this week. Is there a statute of limitations regarding how long I have to wait to file the QDRO??? How long is it if there is one. Also, is it advisable to hire a professional to do the QDRO on ones behalf, or is it easy enough to handle on your own for a layperson???

    Thanks in advance...
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by WiggyFife View Post
    What is the name of your state (only U.S. law)? Arizona.

    I just received my divorce decree earlier this week. Is there a statute of limitations regarding how long I have to wait to file the QDRO??? How long is it if there is one. Also, is it advisable to hire a professional to do the QDRO on ones behalf, or is it easy enough to handle on your own for a layperson???

    Thanks in advance...
    QDROs are extremely intricate and should not be attempted by laypeople. Many attorneys hire companies that specialize in QDROs to complete them because they are entirely detailed. A QDRO should be filed within a reasonable amount of time. If the individual retires however and starts receiving payouts from the account to be QDRO'd that can cause severe issues. Any improper wording in a QDRO can also cause issues with the QDRO being approved and being properly followed.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    WiggyFife is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    QDROs are extremely intricate and should not be attempted by laypeople. Many attorneys hire companies that specialize in QDROs to complete them because they are entirely detailed. A QDRO should be filed within a reasonable amount of time. If the individual retires however and starts receiving payouts from the account to be QDRO'd that can cause severe issues. Any improper wording in a QDRO can also cause issues with the QDRO being approved and being properly followed.
    I've started calling around to some lawyers, & they all want upwards of $1,000 for QDRO prep. I'm really not in a situation where I can afford that right now. The Ex isn't into her fortys yet, so retirement isn't yet on the table How do you feel about the online QDRO prep sites??? although still expensive - $300, I may be able to swing that expense.

    Thanks again...
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by WiggyFife View Post
    I've started calling around to some lawyers, & they all want upwards of $1,000 for QDRO prep. I'm really not in a situation where I can afford that right now. The Ex isn't into her fortys yet, so retirement isn't yet on the table How do you feel about the online QDRO prep sites??? although still expensive - $300, I may be able to swing that expense.

    Thanks again...
    There is a reason why a QDRO costs $1000 to prepare -- it is very specific. The online QDRO prep sites? I wouldn't trust them that much. QDRO prep is not for beginners or laypeople. It takes education and understanding of quite a bit to write a proper one that complies with all the lies AND the divorce decree.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    WiggyFife is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    There is a reason why a QDRO costs $1000 to prepare -- it is very specific. The online QDRO prep sites? I wouldn't trust them that much. QDRO prep is not for beginners or laypeople. It takes education and understanding of quite a bit to write a proper one that complies with all the lies AND the divorce decree.
    Ok... thanks for the answer. so if it takes me say a couple of months to save up the necessary funds to do the QDRO thru proper channels, there should be no problems as far as waiting too long or exceeding a statute of limitations for filing the QDRO? I just received the decree earlier this week. Also, do you know if there is a cost to file the paperwork with the courts???
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by WiggyFife View Post
    Ok... thanks for the answer. so if it takes me say a couple of months to save up the necessary funds to do the QDRO thru proper channels, there should be no problems as far as waiting too long or exceeding a statute of limitations for filing the QDRO? I just received the decree earlier this week. Also, do you know if there is a cost to file the paperwork with the courts???
    Check with your local court regarding their filing fees. As for the rest regarding problems -- have no idea because I don't know what your divorce decree states regarding the QDRO.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
    WiggyFife is offline Junior Member
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    the decree stipulates that I'm entitled to a community property stake of her retirement account.
  8. #8
    Silverplum is offline Senior Member
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    Quote Originally Posted by WiggyFife View Post
    the decree stipulates that I'm entitled to a community property stake of her retirement account.
    Ohiogal and/or other advisors would need the exact wording of the entire section regarding the QDRO, without names or addresses.
  9. #9
    WiggyFife is offline Junior Member
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    Quote Originally Posted by Silverplum View Post
    Ohiogal and/or other advisors would need the exact wording of the entire section regarding the QDRO, without names or addresses.
    Here is the verbiage, copied & pasted from decree:


    "C. Wife has accrued benefits in her retirement account associated

    with her employment (OMITTED), namely a Deferred Compensation Plan (457),

    known or affiliated with (OMITTED). Husband has a community

    property interest in and to said benefits.

    The parties agree that Husband’s community

    interest shall be awarded via Qualified Domestic Relations Order (“QDRO”) if necessary."

  10. #10
    Ohiogal is offline Senior Member
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    Quote Originally Posted by WiggyFife View Post
    Here is the verbiage, copied & pasted from decree:


    "C. Wife has accrued benefits in her retirement account associated

    with her employment (OMITTED), namely a Deferred Compensation Plan (457),

    known or affiliated with (OMITTED). Husband has a community

    property interest in and to said benefits.

    The parties agree that Husband’s community

    interest shall be awarded via Qualified Domestic Relations Order (“QDRO”) if necessary."

    Have you contacted Wife's employer to see how they want it handled? This doesn't state who is responsible for paying for a QDRO to be prepared.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  11. #11
    Bali Hai is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Have you contacted Wife's employer to see how they want it handled? This doesn't state who is responsible for paying for a QDRO to be prepared.
    In my case, the judge ordered the QDRO prepared by the party receiving the benefit (her). It took her stupid lawyer no less than three tries to get it right. The fourth time the director of benefits where I work all but wrote the QDRO for the idiot.

    The jerk spelled QDRO "QUADDRO" if that if that's an indication of why he failed.

    I wonder how much it cost my ex to pay the ambulance chaser for all that?
    Last edited by Bali Hai; 08-14-2012 at 08:08 AM.
  12. #12
    WiggyFife is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    Have you contacted Wife's employer to see how they want it handled? This doesn't state who is responsible for paying for a QDRO to be prepared.
    I did contact ex's plan, & they basically set the tone of what needs to happen, basically setting the tone to proceed with a QDRO.

    I didn't copy and paste that part of the decree language, but further down that page, the decree states that this would (should) be handled by a specified attorney, & that the cost is to be split by both myself and ex.

    I called to see how much said attorney would charge. He came back with between $2-$3k... YIKES!!!

    I think I'm leaning towards a professional doc prep company or para-legal service specializing in QDRO prep... any further advice is truly appreciated though!!!
    Last edited by WiggyFife; 08-14-2012 at 09:31 PM.
  13. #13
    cbg
    cbg is offline Senior Member
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    I have worked in HR administering employer sponsored group benefits, including pension, 401k, 403b and 457k benefits for over 30 years, and I would not attempt a QDRO with anything short of an attorney.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  14. #14
    WiggyFife is offline Junior Member
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    Quote Originally Posted by cbg View Post
    I have worked in HR administering employer sponsored group benefits, including pension, 401k, 403b and 457k benefits for over 30 years, and I would not attempt a QDRO with anything short of an attorney.
    I guess my issue is that the price seems kinda steep, & I really don't have the finances to pull this off, with my current CS Order and regular bills. Whats your thought on going the doc prep or paralegal route???

    As a layperson, it seems to be a pretty straightforward situation. I don't have a 401k, so it is just me awaiting receiving my community property share of ex's 401k, as cleanly spelled out in the decree language. Thank You...
  15. #15
    Ohiogal is offline Senior Member
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    Quote Originally Posted by WiggyFife View Post
    I did contact ex's plan, & they basically set the tone of what needs to happen, basically setting the tone to proceed with a QDRO.

    I didn't copy and paste that part of the decree language, but further down that page, the decree states that this would (should) be handled by a specified attorney, & that the cost is to be split by both myself and ex.

    I called to see how much said attorney would charge. He came back with between $2-$3k... YIKES!!!

    I think I'm leaning towards a professional doc prep company or para-legal service specializing in QDRO prep... any further advice is truly appreciated though!!!
    Guess what -- if the decree stated that a specific attorney should handle the QDRO then you have to go with that attorney. You don't have choices. If you go another route without your ex's agreement, you end up facing contempt.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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