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Who is responsible for doing a QDRO in WA state?
Anonymous2 views1 answers
tMy divorce was finalized 2 weeks ago. My ex took control of the paperwork and we did not use lawyers. I sent him multiple emails explaining the need for a QDRO and sent him what wording could be put in the decree so that it could be used instead of a QDRO. I am working and he is not. Now my pension administrator is reviewing our divorce decree and say we probably need a QDRO. His retirement account is almost empty because he is living on unemployment and he took money out. So, I have to give him some of my pension. He says he won't pay for the QDRO and I will be in contempt of court if I don't pay to get it drawn up right away. Our decree gave me 3 weeks to transfer the money into his retirement account, or by the end of this week. It seems as if he should get the QDRO done. Am I wrong?
If the Decree does not specify who should draft the QDRO, but the divorce decree says you have three weeks to transfer the money and the other party is not making a move to draft it, then you should so you are not violating the terms set forth in the Decree. As unfortunate as it may be, protect yourself and follow what the orders say precisely. Sometimes your employer will have a retirement/pension benefits department that publishes instructions and model QDROs to consult in drafting the Qualified Domestic Relations Order. That should not be a fee for this paperwork, and if you draft it yourself then you are looking at expended effort, but not legal fees for doing so. You can also schedule a consultation with an attorney. Many attorneys provide free consultation (half hour or hour).
