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phelan
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Reged: 12/30/08
Posts: 2

Divorce in 1984, qdro

#489788 - 12/30/08 02:30 PM

my mom filed for divorce in 1984 but there isn't a qdro. Her new lawyer said she couldn't file without his ssn which I found incourt records when she coudnt. Her divorce lawyer ended up being friends and business partners so she was cheated out of $19k by my dad. Long story

What is a qdro, what is the process to file and since hes been retired for years now will she lose out on this too?

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Maury
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Reged: 06/02/04
Posts: 8146
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Re: Divorce in 1984, qdro

[Re: phelan]
#489794 - 12/30/08 02:33 PM

It is a Qualified Domestic Relations Order that is used to divide certain types of retirement plans and 401K plans pursuant to federal law. If the plan is already in repayment, what she will receive is dependant on the language included in the divorec decree regarding the division of that asset.

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phelan
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Reged: 12/30/08
Posts: 2

Re: Divorce in 1984, qdro

[Re: Maury]
#490096 - 12/31/08 11:55 AM

Thanks M
As far as i know her lawyer hasnt filed anything in 6 months.

"12. The wife shall receive one-half (1/2) of the husbands pension benefits that were accured between the date of marriage and the date of the filing of this action on a percentage basis, ans only when they are actually received by the husband"

exactly as written in the papers.

Her divorce lawyer, the original, agreed to things for her and she never knew. She trusted him. She found out after the fact that he was friends with my dad and even handled the "legal" stuff from his bar. So she basically got stiffed on alot of things.

Now her new lawyer is supposed to file a QDRO at some point.And she said if her doesnt agree to comply she would file something against him. I cant ask her directly and my mom has no idea whats going on. So what "should" happen in this? The QDRO is filed and then what?

im concerned since the wording is"Actually received" theres a loop hole and she wont get what he agreed to.

Hate to say it but my dad is a bum and i dont want to see him get away with anything else.

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