I have a separation agreement in place with my spouse. It is filed in the Wake county records for the past 2.5 years or so (early 2009). Now, I am planning to follow your step by step guide to get the final divorce. The steps are quite clear and helpful. However, i have 2 questions -
- The separation agreement calls out for a QDRO to be obtained during the final divorce directing my 401K plan to disburse $7500 to her IRA. This would avoid the early withdrawal penalty being assessed by my 401K plan administrator.
My question is, on the ‘Notice of Divorce Hearing’ form, one can only choose 1 of,
- Summary Judgement Divorce
- Non-Jury Divorce
- Consent Orders, QDRO
So, which one should i choose ? - I need to BOTH the QDRO and Divorce judgement. OR
Do I need to fill out 2 of these forms, one with each checkbox checked ?
- The monthly child support amount (as calculated during the drafting of this separation agreement about 3 years ago) is written in the Separation agreement. The underlying numbers have changed since then therefore Can you advise on how exactly to go about legally changing the monthly child support payment ? Do we have to file a amended Separation Agreement now OR Is it relatively easier than that ? Both of us have utilized the worksheet B (from the official NC website) to arrive at the new payment amount and are in agreement but are not sure about how to go about making it official.
Thanks in advance.