Does anyone know what a QDRO is, and why it might be denied?

[babylonsister]

Yes, it's late, and I might post this tomorrow, but it's a third-party agreement in a divorce, for a 401K, and mine was denied.
Sigh.

[Common Sense Party]

1. Qualified Domestic Relations Order

It's when the judge splits up a 401k between ex-spouses

[babylonsister]

2. Thanks. But the denial? The lawyer told me what they sent

was sufficient, the co representing the big comapany thought otherwise, and I'm stuck in the middle.

Do you know if I can lose my half? Sounds like it's a technicality to me, i.e., lack of certification.

I'm worried.

[Common Sense Party]

4. Depends on the very specific minutiae of the retirement plan's plan document

If the QDRO is not filled out to EXACTLY conform to the way the plan document is set up, the QDRO is rejected, it's back to the drawing board before you can try again and see if the judge will sign off. It's always some sort of technicality. Could you lose half? Sure. It depends on what the judge rules, and if there is a deadline by which it has to be done correctly.

So, was this YOUR plan or your soon-to-be-ex's?

[babylonsister]

7. It was a done deal. Their argument was that the certification

wasn't raised/original. To be precise:


The order must have an original court-certification stamp. This means that the order must be signed or stamped by a judge or another court official, and have an original stamp or seal from the clerk of the court stating the order is a certified copy. A photocopy or a faxed copy of a court-certified order is not acceptable.

This is why I was denied; my lawyer told me this hasn't been in effect for a long time in TX. She apparently walked it through Friday. Could they deny me 1/2 of this based on a technicality? I'm angry and concerned.

[Common Sense Party]

9. I don't know that they could deny it outright just for the lack of the stamp.

They're probably (hopefully) just saying, go back, get it done right (THEIR version of right) and THEN we'll divvy up the assets.

Administrators of retirement plans are VERY anal-retentive, but that's mostly because they're heavily regulated and it's a lawsuit-crazy world. It sounds to me like they're basically saying, "We're not about to split up this big chunk of retirement money and give half of it to another person until we have EVERY i dotted, EVERY t crossed, and EVERY assurance that all the paperwork is correct, complete, authentic and authorized. When you have everything in order, then we'll split up the account."

Sounds to me like you should be asking these questions to--and getting answers from--your lawyer. She should be getting everything the judge and the retirement plan administrator is asking for. And SHE should be the one putting your mind at ease about you still getting your portion.

[Common Sense Party]

6. What do they mean "lack of certification"?

[babylonsister]

8. Original 'raised' stamp. That's why this was denied. Sounds

pretty lame to me. Do I have an enemy? Another thought: my lawyer is also my ex's lawyer. Is that ethical? We figured it'd be cheaper. :eyes:

[Common Sense Party]

10. WHAT????

:wow:

YOUR lawyer is also HIS lawyer?

How amicable a split is this?

[babylonsister]

11. We tried to make it amicable/inexpensive. Now, I'm not so sure.

We agreed on what we had to -if I had to do it over, it would have been done differently.

I had never been divorced before, nor had I ever had the need for a lawyer. So many firsts for a middle-aged woman.

Yea, I could have handled this better. Sigh.

[Common Sense Party]

12. Oh, I am sorry. Hopefully, this isn't a problem. Maybe this is just one

of those inevitable paperwork problems. I have worked for an insurance/financial company for years. They're incredibly nitpicky when it comes to documents and signatures and such. But that's because they're heavily regulated. So, hopefully, that's all this is.

I've never been divorced either, and we've only gone to a lawyer once so far--we're trying to draw up papers to get permanent custodianship of our son, who'll be turning 18 next year and doesn't speak or do anything independently. So I'm sure I'm no expert on legal matters.

But it does sound strange (and I think it's a conflict of interest) that the same lawyer is handling both sides.

Yikes. I hope all goes well.

And get some good answers from this lawyer.

[babylonsister]

13. Well hell, I thought you were an expert given your advise on

this thread.

Yes, it could be a problem, but not yours.


I think you should overwhelm your son with love, and I'm sure you do that daily. :loveya:

[Hekate]

3. Well darn

Best of luck, Babs. This can't be an easy time. :hug:

Hekate

[babylonsister]

5. Thanks, Hekate. It really sucks. I'm divorced, I thought it was a

done deal, but now I don't know? :cry: That's my retirement.

[sandnsea]

15. If you lose it, sue the attorney

If I were you I'd be on the phone to everyone from the court to your 401K investment fund and not rest until you're confident you know exactly how to resolve the issue. It is very rare that anything legal is every truly permanent. A contract is not as good as the lawyer who wrote it, it's as good as the lawyer who has to undo it.

You have been so strong through all of this. I've been constantly amazed. This last piece will work out too! :hug:

[Justitia]

14. I had one done w/my TX divorce 16 yrs ago. I think you just need to see the county clerk.

It sounds like you submitted the paperwork to the company, they rejected the request to disburse the funds, claiming the court paperwork (the actual QDRO) wasn't proper?

If so, take the denial form from the company & your QDRO form back to the county clerk and show them the request. They can issue the correct certified copy w/whatever official seal you need.

You should be able to resolve this at the county clerk's office.

Best of luck to you.