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Qdro

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Scrappet

Guest
What is the name of your state? Ohio.

OK, I have been married for 6 years, I set up his 401K while we were married, I can do a dissolution on my own, can I do a QDRO on my own? Is there an actual law on record that states that I have a right to half the pension? Can I get an example of a QDRO anywhere?

Thanks for any help.
 


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Star43

Guest
reply

Hello, all i know is that my lawyer had to draw up this paper for QDRO for my husbands pension. It had to be sent to my husbands company then back to the lawyer to be included in our divorce before we go to court. This is an important thing and I would only trust a lawyer in this matter.I gave up the 401K, but I want the retirement since it is railroad pension not SS, and i also worked for the railroad for many years.l Good luck
 
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sevengables

Guest
QDRO

I'm going thru a divorce in CA which involves a pension plan. I'm in the responding stage and handling it myself from another state until I can get an atty in CA since I live in TX. I was advised by my husband's company to call the Plan Administrator of the pension plan and freeze the pension benefits because my husband was retiring and taking his pension in lump sum. I sent them a letter via fax and mail stating I was placing a claim on any pension benefits. They immediately put a hold on it that cannot be released until there's a divorce decree or QDRO that the Plan approves. It's very, very complicated and you need an atty that's very familar with pensions and QDROs. Once you've sent them the letter, they will send you probably 2 versions of QDRO to follow, but you'll need to read the pension plan thoroughly to know how to fill it out. It's not a guarantee unless the judge grants you a portion of the pension and even then the terms have to coincide/be approved by the pension plan. You haven't been married very long and it might be better for you (because of taxes) to trade off the pension value for some other asset. Hopefully an atty at this site will give you more info. Good luck!
 
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cindy1960

Guest
hi, i did my qdro myself. it was such a pain in the butt! lots of running around and took me a long time. it is possible to do but it is a lot of work. i live in columbus, ohio. it is worth the $350 it costs to pay the attorney believe me. good luck
 
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sevengables

Guest
Cindy's atty price for QDRO is much better than what I've been quoted in CA......minimum $800+!!! You need to at least notify the Plan Administrator that you're placing a claim on the pension (whether you'll get it or not). More than likely you're entitled to only the period of your marriage (depending on your state's laws unless the Plan is a federal pension). Call them and get their fax and mailing address and fax/mail notice letter to them. At the same time, start looking for an atty familiar not only with Family Law but also pension laws (VERY IMPORTANT!). The final court order and/or settlement agreement MUST conform to the penion plan's guidelines or it will be rejected by the Plan. You DEFINATELY need an atty since it's the Railroad. Each pension plan has it's own model QDROs and will not give you any advice which one to use. Good luck!
 
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cindy1960

Guest
qdro

thanks sevengables. mine is all finished and settled thank god! i would recommend an atty for sure.
 

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