EX will not sign QDRO

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Latest post 05-14-2006 5:59 PM by adjuster jack. 3 replies.
  • 05-13-2006 11:19 AM

    Question [=?] EX will not sign QDRO

    4 year marriage - 18 month bad divorce. Only 2 items left on the decree the $7K the Judge fined her for her unreasonable attitude. She wrote that off on a Chapter 7 and last item QDRO. We agreed upon a QDRO attorney. His subpoena was returned from the company with 14 missing monthly statements. Explaination from company was monthly statements did not exist until they changed the investement company and remaining months were provided. When continually ask about the statement the reply is always the same "we cannot provide what is not there" and "all information available has be sent".

    Some loans were taken out during the marriage from the 401. The lawyer says its a 50-50 split. She will not sign the QDRO until the monthly statements are provided and all loans taken out should be totally against me. I stated (1.) 14 months statements do not exist and could be counted as loss or gain more likely a loss of funds. (2.) Loans were taken out for the community marriage and it doesn't matter how it was spent , it a 50-50 split. She does not agree and will not sign the QDRO. I say the QDRO was sent out for signature and is therefore complete. I am willing to sign even though I think for 4 years she is getting to much.

    The QDRO lawyer is fed up with it and says he is withdrawing and is not communicating with us. I sent my ex email explaining my position and telling her she should at least sign the QDRO pension and do what she wants with the 401.

    My question is what is going to happen next with the unsigned QDRO? Since it's on record that I am willing to sign and she won't what happens legally to the unsigned QDRO or both QDROs if she will not sign. I told the lawyer since I am in agreement with what he sent out for final signature any additional request should be billed to her and not to me. He has not returned my email messages and is never available to talk or return my phone calls. Is there possible legal action in the future and could the entire cost of the legal action be on the ex since the lawyer we agreed upon sent out his QDROs for final signature.
  • 05-13-2006 8:18 PM In reply to

    re: EX will not sign QDRO

    Any agreement you made for the QDRO has to be subject to accurate records of the flow of money into and out of the 401k.

    When I got my divorce we split my ex's 401k. There's was no way I was accepting anything she "told" me. Period.

    I subpoenaed her employer and, fortunately, was able to get all the records and the QDRO went fine.

    "I say the QDRO was sent out for signature and is therefore complete. I am willing to sign even though I think for 4 years she is getting to much."

    Sorry, you opinion doesn't count.

    If both of you don't sign and get this resolved you'll be back in court spending a lot of money on attorneys fees trying to have the judge make the QDRO a court order.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-14-2006 1:26 PM In reply to

    Disagree [)*(] re: EX will not sign QDRO

    The divorce decree stipulated the QDRO was to be done by an agreed upon QDRO attorney. It was. The major company I work for has a QDRO department. The decree also stipulated that the time period was from date of marraige to service of divorce papers (4 years). The company was subponeaed and provided all records they had. When asked about the missing monthly statements they stated that they don't exist. They told our attorney a different agency was handling the 401 for that period and did not provide monthly statements. The QDRO attorney had no alternative and stated that he has seen that before. IF the statements don't exist then they don't exist. I cannot magically produce them. I know the amout of worth at time of marriage was significantly larger the the total worth at time of divorce, that appears to me to show a loss which is not reflected in his monthly calculations. It would appear to me that there was a major loss during the 14 month period, however, I cannont prove it without the statements. The ex however, wants to almost double his calculation without any logic for her figure I would not agree. The QDRO attorney sent out his finished QDRO which I say I will sign and she will not.

    The issue of the loans against the QDRO being my sole responsibility I disagree. The ex says she was not aware of the loans and how I spent the money. Living with her for 4 years there was nothing she did not know about money that I got and opened my bi-weekly pay check on a regular basis. My position is there is no way she did not know about the loans and how the money was spent. It was spent for our benifit and should be 50-50. Anyway she will not sign based on these issues.

    Can I sign it and have an attorney file is with a explaination or should I get an attorney to file some type of motion that I have completed my obligation or is this going to end up in court anyway and just wait till she takes action?
  • 05-14-2006 5:59 PM In reply to

    re: EX will not sign QDRO

    Only three things count:

    1 - That the divorce decree says the split is 50/50.

    2 - The decree also stipulated that the time period was from date of marraige to service of divorce papers (4 years).

    3 - That the decree itself was signed by both of you and filed with the court.

    That means that the only number that counts is balance that was in the account on the date of service of the divorce papers.

    Unless I'm missing something the missing statements and the loans should be irrelevant.

    It's already too late for the two of you to argue about who gets what. That should have been established before the decree was signed.

    The decree is a court order. If she is not signing the QDRO that was specified in the decree she is in contempt.

    You are going to have to haul her back into court under a contempt motion so the judge can look her in the eye and order her to sign.

    That's what it's going to take. Talk to your divorce attorney.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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