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Asked 1/26/2011

How do i complete the quadro process?

My final divorce decree awarded me 50% of my ex's 401k. I was sent the papers to fill out and he was charged $450. They rejected them saying I didn't fill them out right. They charged another $450 and sent me the papers again. I filled them out and they approved them. Then they were sent to the court. The judge Denis them saying the format was wrong. I called to the Riverside county courts in CA.they said there wasn't an actual format its usually done in a pleading. I can't afford an attorney. I no longer live in that county. How can I get my paperwork in the proper format and get it finalized? I'm in imperial county CA.

 
 
 
 
 
Answers

Answer 1/7 - Submitted 1/26/2011

So who has to pay the fees involved by filling them out wrong 900 will this come out of your pocket or will this come out of your part of the money you were told you should get my self i would take the papers to a paralegal that way their done right if not you'll get charged agian then it might cost another 1300 total thats alot of money to give up so i would take to a para legal

 
 

Answer 2/7 - Submitted 1/27/2011

The $450 dollar fee has been deducted from my ex- husband's wages on two separate occasions. He has recently expressed his willingness to assist me with this situation saying he has found someone who would charge only $300. However, not only do I not have the extra money to throw away. I find it too be utterlly ridiculous. Lol. I wish I made that kind of money for doing absolutely nothing. I did some research through the Riverside. County Family Law Facilitater. The info I gathered was very helpful. I agree with you, its a lot of money to lose.

 
 

Answer 3/7 - Submitted 1/27/2011

So let me get this correct, you have already spent $900 (or had your husband) on mistakes and $300 is too much?

And if you did research at the Family Law Facilitator, was a lawyer or paralegal able to speak with you? The California Self-Help website states that the QDRO orders are complicated and you should speak with a lawyer.

There is a sample template QDRO order you may be able to use at:
http://www.sagph.org/html/frm01160.pdf

As you already know, the plan administrator and the Judge would have to approve the final version.
I would really recommend that you speak to a qualified legal professional and preferably a lawyer. What you may do is try to fill out the order yourself first, then take it to be reviewed by an attorney. The hours would be considerably less for a review opposed to the creation of the order.

 
 

Answer 4/7 - Submitted 1/27/2011

Who's deducting money from your husband's wages? That seems a bit odd.

Just bite the bullet and hire a lawyer. It's not going to cost an arm and a leg for them to go over your divorce papers and draft the QDRO. Spend the money to preserve the rest of your interests.

 
 

Answer 5/7 - Submitted 1/27/2011

Some lawyers do only QDRO'S. The one I generally use for my clients costs $750 for a simple one. You need to pay the $300 Make sure first that you pay someone who knows what they are doing or you will have thrown some more good money after a bad approach. The first time the money was deducted maybe you should have thought to get help. Get help now. Plans will kick it back if they can make money off of you. You need someone who has dealt with the actual plan you need to prepare the QDRO. Every plan has something a little different. Ask questions first. Make sure you have it done right because when it comes time to pay out any excuse will do to hang you up.

 
 

Answer 6/7 - Submitted 1/27/2011

Thanks for all the feedback. OK first, my ex paid the $900 and it was taken out of his paycheck. So he says anyway.IMHO. I agree with you. I find it a bit odd myself. It's not like just anyone can say " I want this amount deducted from this persons paycheck ", it's just not very plausible. LOL. He's the one saying he's found someone that will do it for $300. That would be a total of $1200, and for what? Mail out a few papers? I also agree they are difficult and should he done with legal advice. However, I do not have the financial resources to do that right now. I spoke to a lawyer and he wanted $1500. I've already filled one out correctly with all the requirements. The format was incorrect though. The formatted papers sent to me were a standard generic form. Yesterday I found a site that said there is not a designated QDRO format. That most companies have their own individual model FORMATS. Vanguard said to call and request a plan of procedures and model QDRO format on their link. Yet when I did that this morning they said that Kaiser should he taking care of all the paperwork and to call them. If that was the case why would the company he works for be taking money from him to do what is their responsibility in the first place? I feel like I'm just getting the run a round.

 
 

Answer 7/7 - Submitted 2/1/2011

The $450 dollar fee has been deducted from my ex- husband's wages on two separate occasions. He has recently expressed his willingness to assist me with this situation saying he has found someone who would charge only $300. However, not only do I not have the extra money to throw away. I find it too be utterlly ridiculous. Lol. I wish I made that kind of money for doing absolutely nothing. I did some research through the Riverside. County Family Law Facilitater. The info I gathered was very helpful. I agree with you, its a lot of money to lose.

 
 
 
 
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