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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32907
Experience:  Began practicing Family Law in 1992
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I am trying to find a motion to vacate a QDRO I am trying to

Customer Question

I am trying to find a motion to vacate a QDRO I am trying to help a friend of mine that lives in NV but is finalizing a divorce in PA A QDRO was filed by a law firm but QDRO was done wrong. Law firm was contacted and we were told that it was going to be put in front of managing partner. That was two weeks ago and the event that needs to be stopped is on Aug 28
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I've never seen a Motion to Vacate a QDRO and don't think you'll find one for a number of procedural reasons. However, are you sure your friend wants to vacate the QDRO or do they just want to amend/correct it?

Customer: replied 1 year ago.
Actual amend the QDRO. There is an issue as to once the division of the Esop was done that recipient could make a partial distribution. It was made very clear to attorneys writing QDRO that both parties intent was a partial distribution but attorney used a boiler plate document and one paragraph states recipient will receive a full distribution. This QDRO was done in February with a partial distribution but company has come back and said QDRO says full distribution. Need to file motion to vacate and or amend QDRO as per PA procedure from what I have read
Expert:  JD 1992 replied 1 year ago.

If the court ordered that a QDRO be entered then if both sides agree there isn't even a necessity to file a Motion to Amend, you can simply amend the QDRO and submit it to the company. Usually the best thing to do is ask the company for a sample of their approved QDRO and then use it because QDROs are extremely difficult and companies can reject them if they choose and there is not really anything that can be done other than redraft it until you get it in a form they like, which is the reason to use their example in the first place.

If you both don't agree then you would have to file a Motion to Amend QDRO and have a hearing on the matter but, unfortunately, there aren't any forms available for either a Motion to Vacate QDRO or a Motion to Amend QDRO or at least no forms that I have seen or found.

The Motion to amend shouldn't be difficult to draft though. If he doesn't have any experience drafting motions then the best thing to do would be to hire a contract lawyer to draft the document through a site like odesk.com or elance.com. It shouldn't cost much to have them do it.

If he wants to try drafting it himself all he has to do is copy the hearing and ending of any of the other motions he has in his file and then just set out a numbered list explaining what happened and what he wants the court to do.

Expert:  JD 1992 replied 1 year ago.

Did you have addtittonal questions?

Expert:  JD 1992 replied 1 year ago.

I am about to sign off for the night.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
I will contact tomorrow if possible
Expert:  JD 1992 replied 1 year ago.

ok

Expert:  JD 1992 replied 1 year ago.

.

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