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How long after a divorce is finalized can a Quadro be file…

Customer Question
How long after a divorce...
How long after a divorce is finalized can a Quadro be filed?
Submitted: 2 years ago.Category: Family Law
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Answered in 7 minutes by:
5/28/2015
Family Lawyer: originallawyer, Family Law Attorney replied 2 years ago
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 905
Experience: 9+ years of experience in divorce, custody battles and mediation.
Verified
Hello:
What state are you in?
Are you asking about how long a party has to draft a QDRO and have it signed by a Judge?
Is division of retirement addressed in the divorce decree?
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Customer reply replied 2 years ago

Michigan

Yes it is, however the Quadro was different regarding the annuity and survivor / spouse

Family Lawyer: Maverick, Lawyer replied 2 years ago
Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6,427
Experience: 20 years of professional experience
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Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Without more background facts, it is unclear whether you are asking about amending an existing QDRO that is part of a divorce decree or obtaining a QDRO as a separate order from the divorce decree. It appears that you are asking about the former.
There is nothing in ERISA that requires that a QDRO be issued as a separate judgment, decree, or order. Accordingly, a QDRO may be included as part of a divorce decree or court-approved property settlement, or issued as a separate order, without affecting its qualified status. ERISA § 206(d)(3)(B); IRC § 414(p)(1).
However, it is the well-settled rule in Michigan that the property settlement provisions of a divorce decree cannot be set aside, modified, or altered in the absence of fraud, duress, or mutual mistake. Newton v. Security National Bank of Battle Creek, 324 Mich 344; Pierson v. Pierson, 351 Mich 637; Greene v. Greene, 357 Mich 196.
So, it appears that without a showing of one of the conditions above you would not be able to apply for an amendment to the QDRO. I now that this is probably not what you wanted to hear, but I am assuming that you are paying for a professional and honest answer.
Please assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Also, if you need a refund, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer. Best wishes for 2015!
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Maverick
Maverick
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Category: Family Law
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