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mamiwood
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Reged: 04/11/05
Posts: 40
Re: QDRO?? [Re: BessHan]
      #111755 - 05/19/06 06:04 AM

I have another question...Does anyone know how much does it cost to prepare a QDRO.....You see in my original order there is a paragraph about Investments and Retirement account that state that we are to share equally in the cost of preparing the QDRO. However I had to go back to court because my ex-husband never paid his equal distribution.

The property was refinanced by the x-husband. I was to get 1/2 of the equity. However this was never done. After I took my x to court to collect monies owe. He claimed he did not have the money so he would have to pull it out of the his 401k. He would take out an additional amount for penalties so that I would not be responsible for this amount.

However the amount of the original transfer to QDRO was less and I was to be paid in cash for the larger amount. Now that he is pulling it out of his 401 k it is all being distributed through the QDRO. So will I have to pay more to prepare the QDRO because is more complicated or should I go back to his lawyer and say no your party is responsible to pay for all the preparation as he is one and a half year late from the original order.


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Gecko
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Reged: 06/01/04
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Loc: Third rock from the sun
Re: QDRO?? [Re: mamiwood]
      #111805 - 05/19/06 12:16 PM

Does anyone know how much does it cost to prepare a QDRO?

---> Depending on where you live, average is around $500 to $750.

After I took my x to court to collect monies owe. He claimed he did not have the money so he would have to pull it out of the his 401k. He would take out an additional amount for penalties so that I would not be responsible for this amount.

---> You wouldn't be responsible, he would. HE is the one pulling the money out to pay for what he should have paid in the first place.

Now that he is pulling it out of his 401 k it is all being distributed through the QDRO.

---> It shouldn't be...two separate issues. The purpose of the QDRO is to split the retirement as per the court order. The additional monies is because he didn't pay you your share of the equity at the time of the refiance.

--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!


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BessHan
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Reged: 01/12/06
Posts: 110
Re: QDRO?? [Re: Gecko]
      #111864 - 05/19/06 03:36 PM

If I am reading your post correctly I have to disagree with Gecko on your ex being totally responsible.
If there was never a QDRO prepared and disburse from your original divorce agreement, and that agreement says that you are to share the cost (or attorneys) to prepare it, you would still have to do your part. It seems like all that is being adjusted in the QDRO is the amount being taken out, and if that is the case, the cost for preparing the document is the same if your are taking out $1 or $1,000,000. All that happened was the $ amount was increased.
If the QDRO in your original agreement was already done and disbursed, and this is a 2nd preparation, for the sole purpose of paying you equity, then yes, it is on him. But from what you said, it seems like the original QDRO filing never took place? Is that right?

Also, Mami,as much as I don't care for lawyers - is it seeming like a bad idea to you at this point to not involve your lawyer? It seems as though you are in the home stretch, and could save yourself a bit of confusion, run around, time and probably get your $ faster by just letting him handle the last of this situation for you? It should only be a few more hours of an attorney's time to see this through to the end, and it is a complicated situation. My QDRO was a year in coming from the time it was filed, and I don't know that I could have dealt with it on my own, even having some knowledge of the process. It might be better to just suck it up and pay to have someone handle the last of it for you.
Good luck!

--------------------
Bess H. : )


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Gecko
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Reged: 06/01/04
Posts: 20356
Loc: Third rock from the sun
Re: QDRO?? [Re: BessHan]
      #111869 - 05/19/06 04:29 PM

If I am reading your post correctly I have to disagree with Gecko on your ex being totally responsible.

---> You are not reading correctly. If you will look at the post again, you will note that I was addressing the issue of his NOT paying her her share the equity due from the marital home. That because he spent the money, he is NOW after to take money from his retirement account. Any interest and penalties due on that withdraw would be HIS responsibility, NOT hers. Do you understand now?

--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!


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mamiwood
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Reged: 04/11/05
Posts: 40
Re: QDRO?? [Re: Gecko]
      #111928 - 05/20/06 08:39 AM

At this point I have to do it on my own. I honestly can't afford to give this man another dime.

Regarding the QDRO...Please note that I had to file a second order for my x to distribute the money through the QDRO and in this second order there is no mentioned that I am responsible to share the cost of the preparation. The first Agreement clearly stated that he was to distribute the money and prepare the QDRO within 30 days of the agreement.
It took a year and a second order to get him to pay out. Now that we are at this point he's lawyer is quoting the first agreement stating that I agree in the first order to share the cost. That would be right if I had been paid in 30 days but now there is a second order. Those the new order that mentions nothing about sharing the cost overwrites the first agreement?

And finally my last question....Has anyone ever dealt with Frequent Flyer miles...I am dealing with taht as well. Non transferable by the companies x must pay out.

Thanks for your comments and suggestions they are appreciated


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