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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102597
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My father has a qdro on his 401k.although he is still

Customer Question

My father has a qdro on his 401k.although he is still married and not getting a divorce.he was charged with theft from his do we find out who filed the qdro and what do we have to do to get his 401k
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

A QDRO has to be approved by the Court. So if you simply look into the court's records, you should see a copy of the QDRO, who filed it, when it was approved, etc. If you tell me what county the divorce was in, I can possibly tell you how to find this information.

The 401k is subject to the QDRO. He should still have whatever the QDRO does not take from the 401k, unless it was somehow attached for civil judgment or criminal restitution.

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