Question: My ex is refusing to sign the QDRO...which I need to get signed by a judge and returned to Fidelity. I assume a court order will be required...I do not have an attorney, but I know I can do this pro se....just need to know where to start from a format and procedurtal perspective. Response: A Judge’s signature is required for any QDRO. QDRO means an Order from the Court for division of a retirement plan. If your ex is refusing to sign, then the Court may order your ex to sign the paper or dispose with your ex’s signature by making an Order addressing that. In any event, you must know your ex's Social Security Number, his Plan's name in order to prepare a QDRO. There are numerous web sites that offer state specific QDRO forms for reasonable price. You can also download free forms: https://texasaver.ingplans.com/einfo/pdfs/forms/texas/680500/qdro401k_sample.pdf
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It makes sense. Just a few points for clarification...
What does the court order state as to the QDRO?
Who drafted the QDRO?
To your knowledge, does the QDRO comply with the court order?
Other than to "be difficult", is there a reason for her refusal?
The QDRO only recently came up when I left my employer and I told her (ex) I was planning to move my pension. Her lawyer drafted the QDRO, and it states the same as the divorce decree....the only reason I see for the QDRO is that Fidelity requires a signed copy to disperse my pension in conjunction withthe divorce decree. She really has no reason not to sign...again, other than to just be difficult.
All I want to do is file a motion (?) to get an audience with a judge so that I can ask him to force her to sign it...I can file it, frankly, I can "fill in the blanks" if I just have a sample format or something from which to work. That is really all I need.
The motion would be fairly simple, it just needs to detail what you have stated here. For example, it might look something like this:
- A judgment was entered in this case on January 1, 2012.
- Said judgment called for a Qualified Domestic Relations Order (QDRO) to be entered to facilitate the distribution of the husband's pension plan.
- The former wife's attorney drafted the QDRO and the document was approved as to form and content by the former husband on or about February 1, 2012. As the document was drafted by the former wife's attorney, the clear implication is that the former wife approves of the document as well.
- As of the writing of this motion, the former wife has failed/refused to sign off on the QDRO.
- The actions of the former wife are creating a hardship on the former husband as the plan administrator is unable to distribute the asset until receiving the executed QDRO.
- The former wife should be ordered to sign the QDRO immediately so as to facilitate the distribution of the asset.
Don't get too hung up on trying to make the motion perfect, it doesn't need to be. Instead, it simply needs to be sufficient to put your former spouse on notice as to exactly what it is that you are seeking.
Please let me know if anything requires clarification.
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I would suggest "Motion for Contempt and Enforcement". The terms should be self-explanatory, the "contempt" is for her failure/refusal to comply with the existing court order and the "enforcement" is for your request for her to comply at this time.
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