ED Error


#1

My ex and I have been divorced since Oct 2013 and our mediation for ED was final in Nov 2013. As QDRO was being prepared, an error (in ex’s favor) was found. Ex has agreed that there is an error and we both want it to be corrected without going through the attorneys. What are the steps for getting this corrected in order to procede with QDRO and what court fees will be associated.


#2

If the QDRO has not been entered, merely drafted, you can simply make the corrections to the document and make sure both parties sign it.

If it has already been entered, you’ll have to follow certain rules. QDROs are not necessarily “modifiable” as say child support, or alimony. You will need to draft a new QDRO and specifically state in your QDRO that it amends or supersedes the previously qualified order. Provide a way to identify the previous QDRO (i.e., the date when it was signed by the court).


#3

a little more clarification… the ED didnt specify a dollar amount to be split. It did however indicate a percentage that was to be split by means of QDRO. Its the percentage amount that is in error. I guess what I need to know is if the QDRO is drafted with the correct amounts, will that be compared against the ED Order on file when its sent to judge for signature?


#4

You should enter a consent order modifying the ED order, so that it is consistent with the details of the QDRO.


#5

How difficult is that to do? Can it be done without involving attorneys? Neither of us want to have to pay attorneys more money… no offense


#6

This is a pretty straightforward process, you can draft the consent order on your own. However, due to the complexity of QDROs it may be a good idea to have an attorney review your consent order.

You can get access to a library of legal forms (including a sample consent order) and communicate with an attorney through our Rosen Online Service. This service only costs $199/month.