Georgia A Wilder

The Court appointed this attorney to complete a QDRO to resolve defined contribution retirement assets in my divorce. A draft report was reviewed by both parties and some modifications were made. When asked about her methodology and verification of the process she indignantly referred the parties t...o Rule 72 and stated that we could file any objections with the Court – what a cop out. Legal advice was not being expected, but merely substantiation of her findings and clarification of the process. To put forth objections to the court would incur further expenses and exacerbate the process, something neither side would prefer. While I understand and appreciate that she works for the Court and is paid by the litigants, it would be more than appropriate that a worksheet be provided to the parties so that her calculations could be verified prior to filing her findings to the Court. Doing so could, perhaps, increase her credibility to those involved. In her report to the Court, she did not, in my opinion, provide adequate explanation as to the treatment of various legal issues which were questioned by the parties (e.g. vesting and premarital asset growth). While her fee for a simple QDRO was stated up front, there was no disclosure as to minimum billing for emails and phone conferences if contingencies arose (which did in this instance). In the end, the total cost was nearly twice the quoted flat rate fee to complete the process. This is not what one would expect of a professional attorney. I wonder how many of her clients are given an up-front quotes and subsequently find an escalation of fees at the conclusion of the process. On the upside, she did, however, remediate opposing counsel who demonstrated deficiency in their understanding of QDROs and other issues regarding the division retirement assets. If you are anticipating a QDRO as a result of your divorce do your due diligence by researching your options – you DO have choices.