What I need to do after my qdro is ready and how I know if my qdro form is correctly fill out I did it on line.
5 attorney answers
You will need to hire an attorney to review it. The plan does not represent you, so their form is meant primarily to help them, and not you.
QDROs are highly technical orders and it is very easy to get them wrong, which can cost you a lot of time and money. When you say you filled out the QDRO online, was it through a service provider related to the retirement plan or one of these DIY legal sites? If it is a service provider related to the retirement plan then the QDRO language has a decent change of being correct if you adequately explained the terms for dividing the account. If you filled in some other DIY legal site then all bets are off. Most of the QDROs I have seen from those websites are rejected by the plan as insufficient or just flat out wrong.
Ask the retirement plan administrator for a copy of the plan's QDRO guidelines and if the guidelines do not expressly say, whether the plan administrator will pre-approve the QDRO before you take it to the judge. That can save you some time if the language is indeed insufficient. Once you have a good QDRO then you need to send it to your ex-spouse (or his or her attorney) for review and signature. Once everybody has signed off on it then it needs to be filed with the court for signature. Often you can file the order with the clerk and the clerk will have the judge sign it without having to scurry around the court looking for the judge or having to set a hearing.
The big problem for you is that if the QDRO language is wrong then you may not receive much guidance from the plan administrator regarding how to correct the order language so the plan can accept it (aka qualify it) and divide the account. You may want to talk to a lawyer who drafts QDROs to at least review the QDRO.
If you did it online, the QDRO is probably not right. Take it to a lawyer.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
HIre an attorney to review it. Yes it needs to be signed by the Judge.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Coun
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