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Judgement and QDRO


Guest confused 57
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Guest confused 57

After 5 yrs.my ex wire has filed for a qudro.My final judgement papers read as follows.Respondents Pension/Retirement,stock and 401k plan thru his employment with his job,worth approx 10,000.00shallbe equally divided between parties. the parties shallmake the division through a Qudro and shall cooperate with the signing of all forms needed to complete this agreement.I refused to sign the Qudro because it has 50% 0f my retirement 50% of my 401k but it states in the final judgement half of 10,000,00 dollarsnow she has supenaed me back to court

. So who is rite here Me the me The Particpant or Her the Alternate Payee. I have given her all of the info. that was needed to complete thisthru my job they Froze my account and devided the pension.Also she sent a blank copy with no judges signiture on it and no seal they asked her for a signed copy and she has not sent it to them.

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You appear to have a dispute about the meaning of the words in the judgment. The terms are ambiguous -- if a lawyer drafted the language the lawyer is incompetent. Although not necessary, it is quite common to divide each plan. Personally, I would interpret the language to means that the former spouse gets 50% of the pension, 50% of the 401(k), etc.

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Guest confused 57

You appear to have a dispute about the meaning of the words in the judgment. The terms are ambiguous -- if a lawyer drafted the language the lawyer is incompetent. Although not necessary, it is quite common to divide each plan. Personally, I would interpret the language to means that the former spouse gets 50% of the pension, 50% of the 401(k), etc.

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Guest confused 57

The divorce was filed by my ex wife it was drawn up by a para legal and approved by the judge the wording is not the problem the money amount my ex wife wrote in the final judgement was 10,000.00 dollars does she get half of that it does not say 50% in the final judgement and this was done in cali.I dont have a attn. yet.She just filed a Qdro and is doing this Pro per

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Respondents Pension/Retirement,stock and 401k plan thru his employment with his job,worth approx 10,000.00shallbe equally divided between parties.

If you copied it correctly, then it clearly says "equally divided". That basically means 50/50.

The thing to look at in the QDRO is what date it specifies for when the benefit is divided. It generally will be 50/50 as of the date of the divorce. On the 401(k), QDROs commonly say "plus or minus gains and losses through the date that the account is divided". End result is that she will get benefits that have a current value of about $5,000.

If your stock and 401(k) is worth $5,000 or if you have enough other money to add in, you might be able to negotiate with her to not take any of your pension. You will have to decide for yourself what makes the most financial sense, both now and long-term.

Kurt Vonnegut: 'To be is to do'-Socrates 'To do is to be'-Jean-Paul Sartre 'Do be do be do'-Frank Sinatra

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  • 5 weeks later...

First of all, you should report this paralegal to your state's bar for unauthorized practice of law.

Second, the most reasonable interpretation of that language is that the equal division of the accounts is the intended effect of the language and the identification of the approximate value is merely to describe the approximate value of what is divided. However, case law in your jurisdiction may support an interpretation that limits your ex-spouse to the $10,000 value to be divided. Your best option here is to talk to a divorce attorney in your area about your options.

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  • david rigby changed the title to Judgement and QDRO

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