QDRO was filed. However I was outside of the country when it was filed. I got a scanned copy of filed QDRO from my ex.
Now I know how much I am owed, but my ex takes no action, and I am unsure how to roll over.
Do I have to contact to Vanguard (my ex's 401K) to mail me check from my ex's account?
Or is there any more procedure do I have to go through?
Not only for QDRO, but also he owes me additional 15K for division of assets, that he said in the divorce settlement he would pay from his 401K as he claimed he didn't have cash. This amount is not QDRO. I don't know how to roll over from his 401K to my IRA.
Contact the plan administrator and provide them with a copy of the QDRO. They should provide instructions for the roll over and whether they require any additional documents.
First of all, if the agreement was that your ex was going to pay you $15k from his share of his 401(k), then you may have wanted to have been included in the QDRO. Consider putting together an Amended QDRO that supersedes the one your ex prepared, which would include language stating that your share will include "an additional $15k which will be deducted from" his separate property share.
Of course, this would have tax implications, so you may want to wait until the QDRO is completed so that your ex can borrow against the 401(k) and pay you. It depends upon how much you trust your ex.
As for implementing the QDRO, ask your ex if the QDRO's been sent to the Plan Administrator, and if it has, ask for a copy of the cover letter. If it hasn't, then do it yourself. The Plan Administrator will then send you a request for distribution directive, which is when you tell them to roll it over to your IRA.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Write a demand letter to him to require that he comply with the equalization payment and that he execute the necessary documents to fulfill the QDRO order. If he doesn't, then file an RFO to force compliance, seek attorney fees, and costs/sanctions for his failure to comply.
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