Attorneys' Fees re: Court Order to Sign QDRO

[Christine Roberts]

Is is possible to get attorneys' fees incurred in getting a court order to force a participant to sign a QDRO or otherwise petitioning the court to sign the QDRO on the recalcitrant participant's behalf? The jurisdicton is California but I would be interested in any and all on-topic comments, thanks.

[MoJo]

Is is possible to get attorneys' fees incurred in getting a court order to force a participant to sign a QDRO or otherwise petitioning the court to sign the QDRO on the recalcitrant participant's behalf? The jurisdicton is California but I would be interested in any and all on-topic comments, thanks.

I've never seen a participant sign a QDRO, and many times have seen judges issue them over the objections of the participant/participant's attorney. That said, the judges I've practiced before would prefer agreement, but it isn't a requirement....

[CADMT]

Is is possible to get attorneys' fees incurred in getting a court order to force a participant to sign a QDRO or otherwise petitioning the court to sign the QDRO on the recalcitrant participant's behalf? The jurisdicton is California but I would be interested in any and all on-topic comments, thanks.

Yes you can have the court award attorney fees for the court order. Second, participant's are never actually required to sign a DRO. Remember a DRO is an order of the court. The plans are required to accept such orders when they are qualified. If the court has already ordered a division of the pension/benefit, then the DRO articulates that award as an order to the plan. Courts would like to have both parties agreement via a stipulated agreement, but can and will order it when a stipulated agreement has not been reached.

[mbozek]

Is is possible to get attorneys' fees incurred in getting a court order to force a participant to sign a QDRO or otherwise petitioning the court to sign the QDRO on the recalcitrant participant's behalf? The jurisdicton is California but I would be interested in any and all on-topic comments, thanks.

Court can award legal fees in its discretion but it cannot order that the legal fees be included in the QDRO.

[Christine Roberts]

Is is possible to get attorneys' fees incurred in getting a court order to force a participant to sign a QDRO or otherwise petitioning the court to sign the QDRO on the recalcitrant participant's behalf? The jurisdicton is California but I would be interested in any and all on-topic comments, thanks.

Court can award legal fees in its discretion but it cannot order that the legal fees be included in the QDRO.

Thank all of you for your replies.