quadro order

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Latest post 05-26-2009 1:31 PM by Drew. 2 replies.
  • 05-25-2009 1:03 PM

    • dmt07
      Consumer
    • Not Ranked
    • Joined on 05-25-2009
    • FL
    • Posts 1

    quadro order

    My divorce was final July, 08. I had a quadro order with the decree asking for and was awarded by the court 1/2 of my spouses 401K. The company administrator says it is a "pension" and I cannot have it until he retires and I will draw 1/2 monthly of what he draws.

    First it is NOT a pension, never was one. It is and has been a paid into by my former spouse out of his paychecks a 401K. We have taken out and paid back into this 401K three times for home loans.

    I paid several hundred dollars in addition to the divorce fees to my attorney to get this 1/2 of the 401K and have it rolled into and IRA of my choice. My attorney after several months of incorrect quadro papers finally has satisfied the adminstrators polices on the quadro order. I however still cannot get the money and my former attorney refuses to do anything additional about it. He was not experienced on the quadro issue I now realize and has taken thousands of dollars from me I had to borrow and left me with nothing but the divorce and no recourse.

     

    Please help as I'm desparate to find a way to get this 1/2 of the 401K before something happens to it as my former spouses company is downsizing and soon he will be unemployed as well. Who knows what will happen to the money when this occurs or even later on with that company that should not keep my own money awarded to me in a court of law. I'm lost and the many attorneys I've contacted simply won't help and most say they have no experience with Georgia quadros in any case.

  • 05-25-2009 3:16 PM In reply to

    Re: quadro order

    The QDRO is a court order. Assuming by now that it is in the correct format, the administrator is disobeying a court order.

    The remedy for that is to file an Order to Show Cause Why the Administrator Should Not Be Held in Contempt for not obeying the order.

    Sorry, but you'll have to figure out how to do that or hire a lawyer to get it done.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-26-2009 1:31 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,948

    Re: quadro order

    A quadro is not rocket science----and apparently some lawyers crank them out by the hundreds for very modest fees -several hundred dollars in in right ballpark-- -but the details and the math requires a bit of skill--and the  QDRO needs to be entered as court orders--it doesn't count otherwise . And if they are "wrong" the plan administrator could reject them.---But I fail to see why an pro cannot get it right the first time.

    Is EX playing games with a friendly employer?   If the 401K has or had 200,000 in it on the effect date the order was to split it  you don't want EX to drain it and you get 1/2 of an empty pot he cannot possible rebuild.

    Speed counts in troubled time.

    I fail to see where a 401k is limited to waiting until he decides to retire--you should be able to get the 1/2 awarded to you as of July 08--if it went up in value I doubt you are entitled to more and if it want down I doubt you need take less.

     



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