What to do with DRO Civil Summons?


#1

I have received a civil summons relating to a QDRO. I was expecting this, as we agreed to the amount to be dispersed from my retirement to her in the (already signed) signed separation agreement, but I’m not sure how to respond. I am instructed to both answer the complaint to her, as well as file a written answer with the Clerk of Superior court. My questions:

  1. How do I “answer”? I assumed the form would have a column for me to sign/agree, or something similar. I do see a “Date of Endorsement” section, with signature box, but that section seems to be for the clerk (checkboxes are “Deputy CSC, Assistant CSC, Clerk of Superior court”). Do I just respond with a handwritten, signed, piece of paper submitting to the pleading? Does it need to be notarized?

  2. I was under the mistaken impression that the disbursement would happen before the divorce was finalized. The separation agreement was signed about a month ago. When I contacted my pension provider to see if I needed to take action with them, they informed me that the disbursement would not be executed until the divorce was final (next summer). Am I filing a DRO, which will only become a qualified QDRO once divorce papers are signed? Just trying to understand where I am in the process.

Thank you.


#2

You do not have to answer. If you agree with all of the allegations in the complaint, it is not necessary to file an answer, and the QDRO can be entered. If you wish to answer you will file a response to the Complaint in which you answer each numbered allegation by stating that the same is either “admitted” or “denied”. If you file an answer it must be notarized.

The disbursement date depends on the rules of the Plan. The QDRO will can submitted to the plan once entered for formal qualification. The plan may then wait until a divorce decree is submitted before making a disbursement if that is the requirement.