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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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My ex is refusing to sign the QDRO...which I need to get signed

Customer 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.
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


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





http://www.dcprovider.com/PDF/Texas/98960-01_QDRO.pdf





http://www.google.com/search?q=qdro+forms+texas&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a

Customer: replied 2 years ago.
I have a QDRO already. What I need is help drafting the motion or whatever is required by the court, to request to see the judge, so that he will rule on my request....
Expert:  Phillips Esq. replied 2 years ago.
Thank you for the clarification. Unfortunately, we do not provide that kind of service here.
Customer: replied 2 years ago.
is there not even some place to which youy can refer me that has a sample form that I can simply fill in the blanks?
Expert:  Phillips Esq. replied 2 years ago.
is there not even some place to which youy can refer me that has a sample form that I can simply fill in the blanks?

Response: I am sorry, I cannot do that. However, I would opt out in hopes that a Texas Expert would be able to further assist you.


All the best,
Expert:  Joseph replied 2 years ago.

I see that the previous expert has opted out. Are you still seeking assistance in this matter?

 

Thank you.

Customer: replied 2 years ago.
yes...I have an attorney drafted QDRO...her attorney drafted it. Now she refuses to sign...just to be difficult. What I need is help drafting the motion or whatever I need to get an appearance with a judge so that I can ask him to order her to sign. Does that make sense?
Expert:  Joseph replied 2 years ago.

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?

 

Thank you.

Customer: replied 2 years ago.

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.

Expert:  Joseph replied 2 years ago.

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.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.
almost there....so, what kind of a motion would I call this....I have found several previous motions in the fuile from my divorce, so that I can follow the format...there is a motion to enforce, motion to transfer, etc. What kind of a moiton is this?
Expert:  Joseph replied 2 years ago.

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.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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