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QDRO


Guest BFITZ128

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Guest BFITZ128

My wife and I were in the process of agreeing to a QDRO with her ex husband. We live in NY. Our attorney sent the QDRO back to his attorney who had initially drawn it up to make a correction in the calculations. Unbeknown to us , apparently her ex decided to have someone in Fla, finish up the QDRO as opposed to his attorney and submit it to the court in NY. The judge in Rochester, approved the QDRO and submitted it to the pension plan administrator.

My wife was made aware of this from the pension plan administrator. The question I have is that should have the judge approved the QDRO without giving us the opportunity to review it ? We have no idea as to what it says as we are trying to obtain a copy from the pension plan administrator. What recourse do we have with the judge if we find out it is incorrect after reviewing it ? Can her ex have someone out of state complete the QDRO for submission to the court ? Thank you

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This is a court issue; not a qualified plan issue. Coming from the court; it is only a DRO (Domestic Relations Order). The Plan Administrator must determine it to be qualified in order to make it a QDRO. I suppose there would be nothing to preclude a subsequent order issue by the court in addition to the one already issued, but that would be squarely in the hands of the court.

From the Pension Admininstrator side, it's nothing until they receive the DRO from the court.

Good Luck!

CPC, QPA, QKA, TGPC, ERPA

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1. The judge and your ex's attorney erred in not allowing you to review the QDRO prior to it being signed by the court, depending on how the order or stip dividing the marital property stated who prepares the QDRO and any other conditions.

2. If the order stated that the DRO would be prepared in a certain manner (in NY the customary division is IAW Majauskas v Majauskas) as long as the draft DRO conformed to that method of division, you are probably ok.

3. However, you or your attorney should have had the opportunity to review the DRO. A copy of the DRO can be obtain from the court but should have been provided to your attorney by your ex's attorney.

4. If the DRO is incorrect, it is a simple matter to amend the DRO, prior to or even after the Plan determines the DRO to be qualified (QDRO).

Remember the term "Family Law" is an oxymoron. Judges are given wide latitude in administering the law (which should not be the case because many of them ignore the law). What is tolerated in family court would be thrown out in a real court of law.

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