Qdro


#1

I was told to go to the courthouse and pick up the sealed certified copy of QDRO and mail it in to get my money. Do I go to the county courthouse in her county or mine? The separation agreement was filed in her county. Then where do i mail it?


#2

The QDRO is not automatically created. You and your ex must enter into a Consent Order QDRO that spells out the terms of the separation agreement with respect to retirement account division. The order must be entered by the court. Only then can you obtain a certified copy of the Order to send to the Plan for distribution.
Drafting QRDOs can be tricky and I strongly recommend you meet with and attorney before entering into a QDRO.


#3

[quote=“Erin Clarey”]The QDRO is not automatically created. You and your ex must enter into a Consent Order QDRO that spells out the terms of the separation agreement with respect to retirement account division. The order must be entered by the court. Only then can you obtain a certified copy of the Order to send to the Plan for distribution.
Drafting QRDOs can be tricky and I strongly recommend you meet with and attorney before entering into a QDRO.[/quote]

This is a QDRO drawn up by her attorney> I agree with it> but she was to file it but is dragging her feet> I just want it done> can I file it at the clerk of court myself or do I have to hire an attorney to get it filed? I have my preapproved copy and a copy of our separation agreement> it seems if I have these documents I could file it myself? I just want this over so I can get my money. If I have to have an attorney how much is this going to cost me?


#4

Once both of you have signed the QDRO you may submit it to the judge for signature if a claim is pending for ED, if not, you will have to file a claim for equitable distribution of retirement benefits. This gives the court jurisdiction to enter your order.


#5

How much does it cost to file a claim for equitable distribution? Do I have to have an attorney do do that or can I do it? If I can, how and where do I need to go?


#6

I believe the filing fee is $100.00. You may file the complaint on your own. Many counties have self serve clinics which have forms and instructions to help folks file on their own. You may also want to consider using our DIY service which has a complete library of forms. The complaint will be filed with the clerk of civil district court in the county where you reside.


#7

Ok. After I fill out the forms and file the complaint, what will happen next? What do I need to do?


#8

Set a hearing to have the judge enter the QDRO.