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QDRO Filing Questions


Guest Youla

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Guest Youla

I had the QDRO prepared by Lexington Pensions. They told me that I did not need a lawyer, they would prepare the order and I just needed to go file it in court so the judge could sign off on it. SIMPLE as that!

I went to the court and they gave me a check list of what I need,

- Notice of Settlement of the Proposed Order ?

X- Proof of Service of the Proposed Order and Notice of Settlement - I understand they must both be served to former spouse.

X - A copy of signed Judgement - I have it

X- A copy of parties' stipulation of settlement - It's attached in the QDRO as you will see

X- Correspondence from subject plan (s ) which states the Proposed Order meets their qualifications. Attached in the QDRO
X - A self addressed stamped post card

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I have some questions, I am not completely sure these;

1- How do I name myself on the Affidavit of Service ? Current maiden name or former married name as is in the divorce?

2- When I serve him the order do I need to include the Addendum or the Correspondence from the Plan( both attached in QDRO ) to my former spouse or just the order itself?

3- Notice of settlement is filled out by me and that is served along with the order to my former spouse?

4- What box do I check on the Notice of Settlement for PLEASE TAKE NOTICE- Order ?

5- I sign it under Yours, defendant?

6- What is Notice of Settlement of Proposed Order mean?

Thank you in advance to anyone who could shed somelight for me.

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All of the matters that you are dressing are local court rules and procedures that have nothing to do specifically to do with qualifiction of a domestic relations order except the court's desire to see that the plan administrator has no objection to the proposed form of the order. While some of the matters appear to be relatively typical and you might get a response, this is not a very good forum for advice about such details. Very often someone in the clerk of court office will be helpful.

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