Legal Question in Family Law in Texas
Obtaining a QDRO
Do I need a lawyer to file Qualified Domestic Relations Orders with two banks which were employers of my ex-husband to get my half of the pension funds? Even though it is clearly stated in the divorce decree that I am to receive 50% of the accounts. The ex-husband receives a monthly payment from one bank and I was getting half. The bank has now supsended my half until I file the QDRO. Can I write it myself and file it with the court? Please advise.
Thank you.
2 Answers from Attorneys
Re: Obtaining a QDRO
There may be no more confusing area of family law than QDROs. They often have to be PERFECT in order to be accepted by the companies (and even then, there are often questions raised). In fact, there are companies and lawyers in Texas that do nothing else than prepare QDROs for OTHER lawyers. This is not a place to try to save money by doing it yourself. In fact, drafting it and "filing it with the court" (actually, getting the order entered) is doing it backwards. It is much better to get the company's approval (tentative) and THEN entering the order. As with most other orders, the other side either needs to approve the proposed order or a hearing needs to be set to argue that it should be entered as you wrote it.
Good luck.
Re: Obtaining a QDRO
QDRO'S are complicated and technical documents, but if you have patience you can probably get it [them] filed yourself.
1. Request an approved QDRO form from the employer;
2. Fill it out and submit it to the employer's legal department for approval;
3. When they approve it, submit it to the Judge of the Court where your divorce was granted, get it signed, and refile it with the bank.
4. Contact a competent domestic relations lawyer if all else fails, and it might.
Experienced lawyers sometimes have to submit a QDRO several times to get it right, as there is no standard form.
Good luck.