QDRO's

[Guest twooften]

I wonder if anyone has knowledge or understanding of how court orders and QDRO's funtion. My divorce decree stated that my retirement plan was marital property but that any premarital portion was to be offset and the rest divided equally. The problem was that the other attorney filed paperwork to have the QDRO divided equally, without following the wording in the final decree.

Does anyone know what recourse I have to receive the premarital portion. Is there any relevant or existing case law that addresses this. Thanks

[JanetM]

Lots of case law on QDROs. You need Attorney who knows how to write a DRO. If the Record keeper has been sent the QDRO you need to stop them from making the distribution to Alt payee until this is settled.

You better move quick, if you drag your feet you ex will get the distribution from the plan based on the bad QDRO language.

Just a thought, didn't your attorney read the DRO the other attorney wrote? That is what you paid them for - look out for you interest in this, right.

[Guest twooften]

The other attorney already filed the paperwork and had the money taken out without signatures from ny attorney. I am in the appeal process to have the other language set aside and have my QDRO entered into the record. The problem is that I am looking for case history that the courts have used to set aside bad QDRO;s and order ones that are based on the wording of the final decree.

[JanetM]

That I don't know, case law. You have a mess, find an attorney who knows this area quick, you will be better off doing that then trying to do it yourself. You can notify the plan sponsor that the DRO conflicts witht he Decree and that your account should not be distributed until this is sorted out. The Q in QDRO is only recognized when the Plan sponsor says the Q is proper. Until then it is just a DRO.

[Kirk Maldonado]

While everything that JanetM said is correct, there is an even bigger problem. Every QDRO that I've seen has to be signed by both parties, their attorneys, and the judge. The plan obviously got a document that wasn't signed, unless the other side forged some signatures. The plan made have exposure if it approved a QDRO that wasn't signed by all of the requisite parties.

But I echo JanetM's comment that you need competent counsel.

[Guest mjb]

Two: what has your lawyer advised you about your options. Were you notified by the plan admin when the DRO was filed? You need to give the sequence of events leading up to the present time.

[Guest dscurtis]

Just reviewing this subject this morning....... If the plan is subject to Title 1 of ERISA and payment was made under a non-qualified order it can disqualify the plan. Find an attorney and have him/her review IRC 414(p)(6)/ERISA 206(d)(3)(G) and also refer to the DOL guidence from their website www.dol.gov/dol/ebsa Also they may want to refer to Stewart v. Thorpe Holding, No.98-55746 (9th Cir. 3/31/00) on any potential failure on the plan's part as a fiduciary. Get an Attorney ..... Good Luck!!!