What can make the QDRO draft be redone and to be sent to the company again ?

Asked about 1 year ago - Kilgore, TX

My stupid ex husband asked his lawyer to redo the QDRO again because they charged the 300 $ fee all from his account ,Is that real that they can redo it for such silly reason !!!!!

Attorney answers (2)

  1. Adam Kielich

    Contributor Level 18
    Best Answer
    chosen by asker

    Answered . There's a few reasons why the DRO could be redrafted and resubmitted. For example, if the plan requires the processing fee to be split between the assets of the participant and the alternate payee but the DRO says to take it all out of his account then the plan could reject it. It sounds like what you are saying is that the plan qualified the DRO but he didn't like that the previous DRO left the fee assessed only against his account.

    If you want to control the language of the DRO you/your attorney should have drafted the DRO. Normally the participant's attorney will not draft the DRO because the participant has nothing to gain by helping you receive your share of the account.

  2. J. Richard Kulerski

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You really have not provided enough facts for a lawyer to answer your question properly. A QDRO must meet the Plan's requirements perfectly, or the Plan Administrators will require the QDRO be modified. This is hardly unusual.

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