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How can I get a QDRO form to give to my ex Husband's company so I can get my settlement from the divorce?

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I have a divorce degree awarding me a settlement from my ex's 401K and he is refusing to pay me. I have filed a petition of contempt and I am still waiting. I have numerous threats in text messages from him saying he's not gonna give the QDRO paper to his company. I need to know how I can get my settlement from him?

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Last answer by Sam (review)  |  Written  8 years ago
Written by Marcus (review) Wed, 03/08/2017 - 22:52 It is best for parties make sure that a Qualified Domestic Relations Order (QDRO) is prepared and served on the retirement plan administrator at the time of the divorce…
Last answer by Marcus (review)  |  Written  8 years ago
Written by Marcus (review) Wed, 03/08/2017 - 22:52 It is best for parties make sure that a Qualified Domestic Relations Order (QDRO) is prepared and served on the retirement plan administrator at the time of the divorce…

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"How can I get a QDRO form to give to my ex Husband's company so I can get my settlement from the divorce?"

divorce assistance West Virginia

Written by Marcus (review)
Wed, 03/08/2017 - 22:52

It is best for parties make sure that a Qualified Domestic Relations Order (QDRO) is prepared and served on the retirement plan administrator at the time of the divorce, to avoid possible issues. 

There is no time requirement for the submission of a QDRO following a divorce (enforcing a divorce decree). However, a delay of any length can increase the risk of problems. If the participant takes a significant distribution from the plan prior to approval of a QDRO, tracking down and collecting the funds after the fact may be difficult or impossible...

The sad truth of the matter, borne out by U.S. Census data, is that the majority of ex-husbands simply don’t honor the financial terms of their divorce settlements. Moreover, it can be exceedingly difficult to get your non-paying ex to make good on his obligation for spousal support. Article: How To Get Your Ex-Husband To Honor The Financial Terms Of Your Divorce Settlement.

Written by Sam (review)
Wed, 03/08/2017 - 22:59

Remember: each party is at risk of losing a lot of benefits (dollars) when the QDRO is not properly written. Few words mean a very big difference in the world of QDROs. 

If you are awarded part of your spouse's 401K, your part is removed upon issuance of the judgment or order. However, in order to get this money, you need an attorney to prepare a QDRO - qualified domestic relations order, which must be written to meet the specific 401k plan requirements. When you get the money, you roll it over into an IRA for your own retirement purposes.

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