QDRO - is there a statute of limitations for filing to collect???

[WiggyFife]

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...

 

[Ohiogal]

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.

 

[WiggyFife]

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...

 

[Ohiogal]

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.

 

[WiggyFife]

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???

 

[Ohiogal]

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.

 

[WiggyFife]

the decree stipulates that I'm entitled to a community property stake of her retirement account.

 

[Silverplum]

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.

 

[WiggyFife]

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."

 

[Ohiogal]

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.

 

[Bali Hai]

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?

 

[WiggyFife]

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!!!

 

[cbg]

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.

 

[WiggyFife]

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...

 

[Ohiogal]

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.