Recent Feedback
My husband and his ex-wife were divorced and a QUADRO was filed. They came to an agreement and wanted to settle out of court. She is on SSI and would not benefit from his pension as it would be off-set dollar for dollar on her check. Since his pension is not worth enough for her to off-set her check, she decided to settle. The Plan administrator mistakenly told him that all he needed was a notarized copy of the agreement. Now that the "deal" is done, he now has to negotiate more forms for the incompetency of the plan administrator. Should he do a "Motion to Modify" and have the Judge sign it? What are his options?
Optional Information: Country relating to Question: United States State (if USA): Kentucky
Was the QDRO and pension specifically addressed in the divorce decree?What exactly are the issues and what additional forms are needed?
Yes, the QDRO was specifically addressed in the divorce decree. We drafted a letter on the advice of the Plan Administrator, relinquishing the ex-wife's rights under the QDRO and she signed it as witnessed by the notary. ,
You can't modify it now then. The court has lost jurisdiction over it.What exactly are you trying to achieve? Did you have a lawyer originally?
Originally, yes he had an attorney. Well, the Plan Administrator then told us that we would have to have a judge to sign it or that it would have to go through the court system.
The judge has to sign the QDRO, is that what you are talking about or some other documents?
The letter that we drafted "Relinquishing Rights to the QDRO" is what the Plan Administrator originally said that we should send to them and that is all we needed to do in order to reverse the affects of the QDRO. Yet, now they are saying that the letter was not enough to revoke the QDRO. Since, the letter is not enough, what can we do to revoke the QDRO? A "Motion to Modify the Divorce Decree?"
So that I'm clear:1) Was a QDRO actually entered by the court?2) If so, was the "Relinwuishing Rights to QDRO" signed before or after the QDRO was entered?
The QDRO was entered by the court on March 2, 2000. The "Relinquishing Rights to Benefits Under The QDRO etc." was signed by both and notarized by a court appointed notary, but was not seen or signed by a judge. However, both parties were in agreement, which is what the Plan Administrator said was sufficient documentation, originally. Now, they are supposedly sending instructions on how to accomplish to agreement. I am just trying to insure that they are not just mis-leading us again.
I can't comment on the instructions that they are sending but so far they haven't been right. You may be able to file a Motion to Amend QDRO in the divorce court but my suspicion is the court is going to say that it has lost jurisdiction. However, if both sides agree then the court may do it anyway.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
If the court has lost jurisdiction, then is there any way to revoke a court entered QDRO? I am satisfied with your answers and thank you, XXXXX XXXXX check the smiley face, but just wanted to hear your opinion on this last question.
You could probably sue the QDRO plan itself and ask the court to order them to amend it. That is just the first idea that popped into my head but it would work.You may also want to talk to a local family lawyer or the same one you used before. There are some judges that will let you "fudge" the rules a little to get where you want to be but you have to know that judge's inclinations.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing law in 1992