Prevent a QDRO from being executed

I owe child support arrears due to an oversight (by both parties) not discovered for years. My Ex has been incredibly aggressive in her attempt to collect the entire amount in a lump sum. I asked for relief from the court and I have an order stating the the arrears shall be paid off at a specific monthly rate. I have been paying that amount on time every month for a few years.

I recently discovered my Ex filed an ex parte application for a child support arrears QDRO and she is trying to get the money from my 401k. Apparently QDROs are hard and her first attempt was rejected (common occurrence it seems), well the legal team used by my employer was nice enough to provide her a template she could use to met the required format. I don't think the QDRO has been signed by the judge yet, but I expect it will be soon. 

Is anyone familiar with a process I could use to prevent the QDRO from being executed? I'm thinking something like a motion to recall the QDRO or maybe a restraining order to prevent it from going through.

Reasons I don't think the QDRO should be acted on: 1) A payment arrangement has already been ordered by the court and I have adhered to that order, 2) By the time the QDRO is approved and executed the amount I actually owe will be several thousand dollars less than what is requested by the QDRO, 3) The taxes and fees I will incur are unreasonable given I have been paying according the court order on time every month.

Your best bet is to get legal advice.  For example, you say (possibly) not yet signed.  So if you think it should not be signed, get your opinion in front of the judge.  

1 hour ago, JohnSmith said:

I owe child support arrears due to an oversight (by both parties) not discovered for years. My Ex has been incredibly aggressive in her attempt to collect the entire amount in a lump sum. I asked for relief from the court and I have an order stating the the arrears shall be paid off at a specific monthly rate. I have been paying that amount on time every month for a few years.

I recently discovered my Ex filed an ex parte application for a child support arrears QDRO and she is trying to get the money from my 401k. Apparently QDROs are hard and her first attempt was rejected (common occurrence it seems), well the legal team used by my employer was nice enough to provide her a template she could use to met the required format. I don't think the QDRO has been signed by the judge yet, but I expect it will be soon. 

Is anyone familiar with a process I could use to prevent the QDRO from being executed? I'm thinking something like a motion to recall the QDRO or maybe a restraining order to prevent it from going through.

Reasons I don't think the QDRO should be acted on: 1) A payment arrangement has already been ordered by the court and I have adhered to that order, 2) By the time the QDRO is approved and executed the amount I actually owe will be several thousand dollars less than what is requested by the QDRO, 3) The taxes and fees I will incur are unreasonable given I have been paying according the court order on time every month.

 

 

This is not the venue for that type of question; you need to have a competent lawyer working with you and it looks like you need to move quickly.

I agree with Larry, talk to a lawyer and soon.

I have been preparing QDROs since 1988.  Hate to tell you that you may be out of luck.  QDROs are designed to secure an allocation of property (pension and retirement benefits), and to collect alimony and child support arrears - but she needs to have a judgment for the arrears.  A 401(k) is a fat target.  If you are no longer employed by the company you can consider moving the money in your 401(k) to an IRA in Bumfutz, Montana.  There is no law that says you must be a sitting duck if she will not work out a deal.  Check with a lawyer in your state to make sure that there is no statute of limitations on her right to collect arrears.  There is likely a law that says you cannot be held in contempt after a certain time.