Legal Question in Family Law in Illinois

I received the judgement for dissolution of marriage. I got a percentage of my husband's 401( k). It also says that it is the petitioner's responsibiliy to get a Qualified Domestic Relations Order, ( QDRO). What is a QDRO? I would like them to Roll it over and not to give me a lump sum. It also says that I have 45 days to remove my belongings, but I am in L.A. and he is in chicago. I desparately need help, all the incompetent lawyers I hire keep focusing on custody and NOT on MY interests. My interests are my money. One of the previous lawyers I had called himself a 'Custody and Divorce Attorney" on his website. When are you assholes gonna get me some money? You screwed me on the custody, the least you could do is get me some money!

I already signed custody over to my husband, Now get me my money! This judge has scscrewed me and no one wants to help!


Asked on 10/16/12, 6:23 pm

1 Answer from Attorneys
Stephen Messutta

A QDRO allows (as part of the divorce) the IRA to be split and the portion you are entitled to receive not taxed on transfer into your separate IRA (by rollover or otherwise). It is not something the judge does and must be properly prepared to avoid tax consequences; but whoever is the petitioner (as you say) has his or her lawyer draw up the order which the judge would then sign. Even you say it is the petitioner's responsibility. So if you were the petitioner your attorney should draw up the order and you will need to provide the information necessary to fill it out, as will your ex. If your ex is the petitioner, his attorney is supposed to do this and you will have to provide that attorney with the information needed. If your ex is refusing to do this, you would have to go into court and have the judge order him to put it together.

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Answered on 10/17/12, 8:18 am


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