Normally, the QDRO is signed by both parties and is then approved by the Court. Then, the QDRO is sent to the pension plan company to divide the assets. Normally, this is supposed to be done at the time of the divorce, but often, this matter is forgotten.
If the other party does not wish to approve the QDRO order, then one typically has to have the Court approve it. This is done via motion. The motion is very aptly named Motion to Approve Qualified Domestic Relations Order
and one may find a sample on sites like uslegalforms.com or usalegalresource.com. A sample is below:Motion to Approve Qualified Domestic Relations Order
HERE COMES NOW Movant, and files this Motion to Approvw QDRO with this Honorable Court, and shows in support:
1. The original decree of divorce for this matter is dated ____________.
2. It it, the parties agree to divide the pension plans the following way: (explain, briefly).
3. No QDRO has been endorsed by the Court to effect the division.
4. Movant hereby requests that the Court approve and endorse the QDRO attached hereto, which reflects the division agreed-upon in the divorce.
Movant prays that the Court approve and endorse the QDRO.
A copy has to be filed with the court and set for a hearing, and the opposing party has to be notified of the date/time, as well as a copy of the motion and the proposed QDRO.
You see, even if she does not approve it, all that is needed is the Judge's signature, who should approve it after a quick hearing provided that the QRDO reflects the agreement in the divorce decree.
If possible, an attorney should be used for best results. I hope this helps and clarifies. Good luck.IMPORTANT
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