Jazzer
recently joined
Reged: 08/09/05
Posts: 6
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Hello again,
I have a few questions that maybe a few of you can help me out with, if you would be so kind.
My sister has gone to court, just today as a matter of fact. The judge awarded her half her now ex husband's pension and 401-k, the divorce was finalized today. He told them both he wanted them to provide their individual pension and 401-k information to the court. He did not give a time frame. I believe she should provide hers in a timely manner.
My questions are 3 fold: should she, or does she need to, file a QDRO thru the court to make sure her ex reports the correct amount? What happens if he does not supply this information to the court? Wouldn't a QDRO ensure the correct amount is provided? Ok, maybe it's a 4 fold question  Does my sister file the QDRO with the proper fee's *thru*/*to* the court, and they in turn send it to his company? She does not have a lawyer.
He's definately already been "paid out", their son has seen the check(s) (which the ex lied about the amount).
Any advice would be very much appreciated.
Thanks in advance for your time!
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Jazzer
recently joined
Reged: 08/09/05
Posts: 6
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Please? Anyone? 
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Karen1
Pooh-Bah
Reged: 06/02/05
Posts: 1794
Loc: Ohio
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Not sure I will be much help to you. I am recently divorced, was a long term marriage. At the recommendation of my attorney I hired a company to prepare the QDRO's for my ex pension and a 401 type savings account. The company does the report, my attorney submits it to the court for orders, then it is sent to his employers pension dept. They review and if all in order, then I will have my own pension account and 401 savings account for my share. It is in our settlment agreement that we split the cost to the company that prepares the QRDO's. For a total cost to me of less than 450.00 it be done, and done correctly. That cost is a mere drop in the bucket compared to this important marital asset and well worth it IMO. I would not attemt to do it on my own, is way to complicated IMO.
If your sister does this on her own, I believe she would file it with the court, they do their thing and they should would have to send it to his complany pension plan administrator dept. so they can check it for accuracy. Perhaps it is at this point that she will find out what is still there in the pension account.
Not clear on what you mean when you say he's already been paid out... if that means he has taken the money, how will her share still be there if the QDRO was not done prior to his been paid out?
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"Don't cry because it's over, smile because it happened".
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Jazzer
recently joined
Reged: 08/09/05
Posts: 6
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Hi Karen,
Thank you so much for responding, we sure appreciate it!
Well, her now ex husband quit his job a few years ago and moved out of state. He was "paid out" for his pension and 401-k when he left. The judge determined that she was entitled to half of it.
The judge ordered them both to supply their own individual pension/401-k information so he can determine the "split". But I don't think he gave a timeframe to submit the "evidence". How can we be sure he will submit the truthful amount, even submit anything at all? This is why I thought a QRDO would be a good idea; to get the exact amount paid to him directly from the company.
Make sense, or am I making it more confusing? 
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Jazzer
recently joined
Reged: 08/09/05
Posts: 6
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Let me clarify: they were separated for about 5 years, they just went to court a few days ago and now are divorced.
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Karen1
Pooh-Bah
Reged: 06/02/05
Posts: 1794
Loc: Ohio
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Thanks for clearing it up for me. It may end up requiring a subpoena to the former employer of the ex to get them to release that information to your friend. If there is no time frame or deadline on when the info must be provided to the judge the ex could just not do it. If there is not a time frame then that is something that would have to be corrected, IMO. The ex may have already spent to money, or hidden it in an account in someone else's name. Hope it works out OK for your friend.
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"Don't cry because it's over, smile because it happened".
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loognortenozy
recently joined
Reged: 12/11/09
Posts: 5
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This is really a outstanding site.
I will tell my friends about it.
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