Legal Question in Family Law in Texas

QDRO Taking over 1 YEAR

My QDRO has taken over 18 months to be reviewed at my ex husband's plan administration. They have rejected it for various reasons such as plan name change. My lawyer hired a QDRO company to handle this and I am not in contact with them directly. Can the company 401 K plan folks keep this in review forever? The signed decree means nothing? Should I see another lawyer? Does it seem like my lawyer is not doing her part?


Asked on 9/22/04, 11:31 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: QDRO Taking over 1 YEAR

In defense of your lawyer, the problem probably is your spouse's business.

Usually QDRO's go through smoothly.

I did have one nightmare case what required me to submit 4 QDRO's before they would approve it. I even used their suggested forms. The problem was that the legal department was in the middle of revising their QDRO forms and it took over 6 months to get it done. The client was not happy but it was the spouse's employer that was the problem. From an attorney's point of view it was very frustrating (and expensive for the client)not to get this matter resolved.

Most QDRO companies that specialize in this are pretty effecient -- if they don't do their job word will get around and no lawyers will use them.

You can certainly retain another attorney; but often the business is slow to approve QDROs.

Talk to the QDRO company or your attorney and see if they can help you.

Sorry!

Read more
Answered on 9/23/04, 3:23 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas