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Husband(H) and Wife (W) agreed on the settlement agreement

Resolved Question:

Husband(H) and Wife (W) agreed on the settlement agreement filed w/ the court to have a QDRO do the computation for the division of H retirement account. Now both parties agree or want to divide the retirement account using the H employer's computation since it will not cost them anything and is faster.
1) Is H and W obligated or mandatory to use QDRO company services or can they divide the property using employer's computation as long as acceptable to both parties and both parties willing to sign document that they are in agreement with the division?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

1) Is H and W obligated or mandatory to use QDRO company services or can they divide the property using employer's computation as long as acceptable to both parties and both parties willing to sign document that they are in agreement with the division?

H & W are not obligated to use the QDRO computation, however, they have to go back to Court to amend it. Allow me to explain.

The QDRO essentially takes the agreement and makes it into a Court order, that is then sent to the company administering the account for division. The company has to follow the QDRO order over whatever either party says. Now, if both parties agree, they can file a simple, joint, quick modification in Court, and ask the Court to render an amended QDRo that utilizes H's employer's computation. The Court will oblige, and then the new QDRO can be served unto the company administering the account for the division.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 1 year ago.


is their a form H and W to amend the settlement agreement?

Expert:  Ely replied 1 year ago.
L,

No form, I am afraid, but this would have to be a drafted (Joint) Petition to Modify Divorce Decree. Forms exist only for very common motions/pleadings, and this is not one of them, so an attorney is recommended since this would have to be from scratch. You can perhaps find such a template on sites like uslegalforms.com or usalegalresource.com, and see a sample (from Ohio, but still gives you an idea) here.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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