In our ED Consent Order signed by the judge, it states that his 401k as of DOS will be distributed to me. Problem is the DOS is Jan 21, the QDRO that was submitted by attorney who used the balance as of Jan 31 statement, not DOS of Jan 21. There is now a $3.07 discrepancy. My ex-wife is refusing to sign an amendment with notarized signature of agreement stating she agrees with the correction of LOWERING the amount payable by $3.07. Her 401K plan will ONLY distribute an amount as of the date of separation Jan 21, even though the consent order specifically states the amount payable, the balance as of Jan 31.
Is the following procedure correct?
File Motion to Modify QDRO
File Calendar Request for / and certificate of Service
Type of Setting: OTHER: ENTRY OF AN ORDER,
Issue to be heard at this setting: OTHER: AMENDMENT OF QDRO
Discussion with opposing party concerning hearing: X attempted contact, have not received a response
File a Notice of Hearing and certificate of service
stating that I will bring the following for hearing: Entry of Order - Amended QDRO
Bring a corrected AMENDED QDRO ORDER to court for Judge to Sign on hearing date.
I am at a loss to what I should write in STEP 1: the Motion to Modify the QDRO? I cannot find examples of modification in NC and wish I knew what is required in this first step?
Have I covered all the steps? Any suggestions on what to include or where to find QDRO modification examples.
My attorney has already billed me for the incorrect initial QDRO filing and offered to submit correction for another $1,000. I really would like to try this myself, as it is only a $3.07 discrepancy.
Thanks, for your response to yesterday’s question!