Divorced final in different county/city I live in now. Does QUDROPro have to be done by lawyer in city/c ountydivorce was filled

Asked over 1 year ago - Atlanta, GA

Can I get an attorney in the county/city I live now to execute a QUDROPro or does it have to be done/filed by attorney in city/county where divorce was filed and finalized?

Attorney answers (3)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You can use a different lawyer for the QDRO but it is still filed in the original court.

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  2. Barry Dean Broome

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I agree with Mr. Crowe as to jurisdiction.

    A QDRO is a judgment, decree or order for a retirement plan to pay child support, alimony or marital property rights to a spouse, former spouse, child or other dependent of a participant. The QDRO must contain certain specific information, such as: the participant and each alternate payee’s name and last known mailing address , and

    the amount or percentage of the participant's benefits to be paid to each alternate payee.
    A QDRO may not award an amount or form of benefit that is not available under the plan.
    A spouse or former spouse who receives QDRO benefits from a retirement plan reports the payments received as if he or she were a plan participant. The spouse or former spouse is allocated a share of the participant's cost (investment in the contract) equal to the cost times a fraction. The numerator of the fraction is the present value of the benefits payable to the spouse or former spouse. The denominator is the present value of all benefits payable to the participant.
    A QDRO distribution that is paid to a child or other dependent is taxed to the plan participant.
    An individual may be able to roll over tax-free all or part of a distribution from a qualified retirement plan that he or she received under a QDRO.

    If a person receiving QDRO payments is either the employee's spouse or former spouse (not as a nonspousal beneficiary), then he or she can roll it over, just as if he or she were the employee receiving a plan distribution and choosing to roll it over.

    Many attorneys give free or near free consultations. All facts should be presented so a good answer can be given to you. An hour with an attorney may be the best $250.00 you can spend

  3. Charles Vincent Crowe IV

    Pro

    Contributor Level 11

    Answered . Any attorney can prepare the QDRO, but it should, except in unusual circumstances, be signed by the judge that entered the Final Judgment and Decree of Divorce in your case.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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