Legal Question in Family Law in Washington
Hello,
I have a question concerning a QDRO matter. I was awarded some money from my ex's 401k plan and instead of getting the whole amount a got 1/3. The attorney for my ex's company said that the monies came from a retirement savings plan and that was all the money that there was in that account. However, the 401k plan account has the sufficient money in it. When i called the attorney, he said that the divorce jugement did not matter in this case and I could fill out a QDRO form and send it to him and he would review it, not promising that they would give me the money. I would appreciate any help you can give me because i really cannot afford to hire an attorney right now and i get a brick wall with them.
Thank you very much.
2 Answers from Attorneys
I am not sure what the question is, but I can tell you generally about a QDRO. It is an order that divides certain assets, usually a retirement account. Some are produced by the company, and others the company will want the individuals to provide the QDRO for review by them. A more specific, clear question will probably get you a more specific answer.
I may not be following along with your query very well, however, as I understand it, there are two accounts: a Retirement Savings Plan (RSP) and a 401(k) plan. You apparently received 1/3 of the RSP and none of the 401(k).
I gather you have a problem with how much you were awarded under the current QDRO that was entered. The company attorney was wrong to tell you that you can just send him a QDRO and he'll see what he can do. Remember, before he can do anything, the QDRO needs to be signed by a judge or court commissioner and if your ex will not sign it, you need to note a motion to present he QDRO in conformity with the decree of dissolution. If the ex fails to show or if he responds and the judge overrules his objections to your proposed QDRO, then the judge will sign and then you can send it to the company to divide the account.
Make sure to ask the company if they have a template QDRO you can work with, otherwise, if you write your own, the plan administrator may reject the QDRO and you'll have to start all over again.