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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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Customer Question

I need to submit a QDRO to Jefferson County Court in Colorado. My ex is giving me 100% of his 401K. I need help with the court document. Also, I want to be able to take a loan out from the 401K once it is transferred. My father mentioned the need to be incorporated in order to do that. Where do I go to get help with this? I am struggling financially but could pay a lawyer once I am able to process a loan.
Submitted: 1 year ago.
Category: Family Law
Expert:  Daniel Solutions replied 1 year ago.

Hello,

Sometimes there may be a delay in receiving a reply from me as I work on creating the best solution to the question you have presented.

I can not draft a QDRO for you but you can go to the webpage link below to see what QDROs should look like as you create your own. I realize the example is NY but the same provisions would be sufficient in CO. You would need to modify the QDRO for Jefferson County and party caption as well as your specific situation entitlements as you two have agreeded. Before I post the webpage link I also wanted to mention that once you have drafted the QDRO, you should send a copy to the plan adminstrator for your husband's company for review as there are times the plan has additional required language that MUST be included in the final order to be enforced.

Lastly, there are many lawyers as well as legal websites which can assist you in the incorporation process for a low fee. I suggest you just google/bing the phrase "companies help in creating corporation" and you will find many offering their services for a very low cost.

Here is the QDRO sample link:

http://www.qdrodesk.com/qdro/Sample-QDRO-25.shtml

Have a good day and I wish you the best,

Dan

Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 15 years
Daniel Solutions and 8 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Daniel, can you verify that becoming incorporated will help me take a loan from the 401K or tell me where to go to find that information?

Thank you,
Rebecca
Expert:  Daniel Solutions replied 1 year ago.

Hello Rebecca,

I have to say that I have never heard that incorporation would be a requirement access a loan against any 401K or other retirement account. Access to the funds are normally limited to hardship situations but that has not impact on being or not being incorporated. I would strongly suggest that you ask the plan adminstrator directly if there is a reclusion for early access but for a corporate entity.

I hope this answer helps,

Dan

Customer: replied 1 year ago.
This does not answer my question. How do I process the QDRO so that I am able to take a loan out of the 401K once it is in my name? I have been told this is a tricky process and that if I do it wrong I will not be able to access the funds through a loan. If you do not have the knowledge can you please direct me to someone who would?
Expert:  Daniel Solutions replied 1 year ago.

Hello again,

I'm sorry that you were not pleased with the additional statement but this falls into the category where sometimes as an attorney I must share information that a customer may not like to hear but it is still correct.

The processing of a QDRO to obtain a loan is not something I can do for you. You do truly need to reach out to the plan administrator because that is the only person who can assist you in the loan. QDROs are only court order that award you a legal interest in your spouse's retirement. The QDRO itself does not authorize a loan. Perhaps that is where the confusion exists. Without the QDRO the retirement plan can legally refuse to honor the divorce division of retirement payout to you.

I hope that clears any confusion but if you are still confused please let me know and I will make every attempt to rephrase my answer in a different way for you.

Thanks,

Dan

Customer: replied 1 year ago.
My original question was where do I go for support with processing my QDRO in such a way that I would be able to take a loan from the transferred 401K. Now after 2 replys you tell me to go t to the plan administrator which I have already done since you were not able to tell me where to go. I did this because a local lawyer listened to me and told me that Fidelity is good about helping their customers. And now I am working with Fidelity to get my issues resolved. I never asked you to draft any paper work so I'm confused there. I just needed you to point me in the right direction. Please, refund my payment as I did not receive the answer to my question from you but got it for free from a local lawyer. Then I will be able to leave good feedback for you.
Expert:  Daniel Solutions replied 1 year ago.

Hello again,

If you please reread my prior posts the information was explained, but perhaps there is a break down in communication so let me try it a different way for you.

In order to obtain a loan against the retirement of your husband you must first have a QDRO signed by the judge who presides over your divorce. Only after you have the signed QDRO can you apply for a loan against the retirement funds and that would be for hardship reasons as I mentioned in the prior posts.

When I referrenced not being able to do the paperwork for you, it was focused upon the actual loan processing requirements that you mentioned in your most recent post.

I'm confused when you say I never mentioned contacting the adminstrator before now, because I actually mentioned contacting the plan adminstrator several answers back in the one you accepted. So please reread the prior answers because I believe there may have been additional information you over looked just as missing my statement about the plan adminstrator in my original answer to you.

Regardless I am opting out of the communication so perhaps someone else can present the information to you in a way to is clearer for you.

Have a good day,

Dan

Customer: replied 1 year ago.
'Where do I go to get help with this?' was my original question. You still have not answered beyond saying the program administrator. The first time you mentioned the program administrator was in suggesting I ask them about the loan question specifically. It had nothing to do with my original question of where does one go to get advise and help with filing a QDRO. At least I now know where not to go.
Expert:  Wendy-Mod replied 1 year ago.
Hi, I’m a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.
I need the question cancelled. I have submitted a request for a refund from the professional. Thank you.

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