Legal Question in Family Law in Michigan

QUADRO after a divorce and the downfall of the stock market

I am 51 years old and I was divorced the beginning of April 2008. My divorce settlement stated that I was to receive a QUADRO within 90 days. It was to be half of my ex-husbands 401k (estimated around $35,000) plus $12,000 (my equity in the former home, and the home now Quitclaimed to him in Aug. 2008) which was to also come out of his 401k. The hold up has been the fee (half paid by my ex and I but neither of us have the funds). Neither attorneys even broached this ''past 90 days'' stipulation but I have been calling and faxing to my attorney and he does not call me back or respond. He made this half way offer to my ex and his attorney in a letter on July 19, 2008. My serious concerns are about my settlement money. When I do receive the money to rollover (avoid taxes), will I be entitled to half the $ amount the 401k was at back in April versus the $ amount the date it rolls over? I am seriously worried about the stock market downfall. What if my ex's 401k is now at a loss to pay me the amount I have coming to me? How do I get the attention of my attorney to help me finish this matter? A big part of it is that I still owe him $300 for the divorce. I pay him faithfully every month. This settlement money is all I have left.


Asked on 9/16/08, 1:14 pm

1 Answer from Attorneys
Fredrick Jensen Allegan Law Offices, P.C.

Re: QUADRO after a divorce and the downfall of the stock market

Most divorce judgments indicate that your attorney is released upon entry of the judgement. If this is true, you need to re-hire your attorney for the QDRO or obtain another attorney.

Typically, the party entitled to the QDRO for retirement benefits is the party that prepares the QDRO, submits the QDRO to opposing counsel for signature, and then has the QDRO submitted to court for signature by the Judge.

Depending on the Retirement Benefits Plan Administrator, you may be required to submit a QDRO that conforms to the Plan�s requirements to be �qualified� as a good QDRO. Your attorney may have to wait a few days or weeks to obtain a �sample� QDRO. It is unusual for an attorney to drag their feet on QDROs as the QDRO means that their client will be coming into money that can be used to pay for their attorney fees.

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Answered on 9/16/08, 1:54 pm


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