QUESTION
Can I get a copy of a Qualified DRO at the clerks office?
Asked on Aug 13th, 2012 on Divorce - California
More details to this question:
My Ex Souses Attny sent a QDRO that didnt have the judges signature or the clerks stamp on it to the retirement plan and now the plan is being dissolved. I need to get a copy of the Qualified DRO as soon as possible.
10 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know if the attorney had the plan approved by the court or not. If there is anything in the file you can get a copy from the court.
Answered on Aug 16th, 2012 at 8:00 PM
You can get a copy of all documents that have been filed on your case. Just go down to the clerk and ask. Good luck.
Answered on Aug 16th, 2012 at 7:39 PM
If the QDRO was filed you can get a copy of it just by paying the per page copy fee.
Answered on Aug 16th, 2012 at 7:37 PM
No. This is not a standard form. Each retirement plan administrator (like Fidelity, JP Morgan Chase, PERS, those folks) has a different form of order that it likes. If you know who the plan administrator is, you can contact them and get information on their standard form of QDRO. But even with that, this is not a fill-in-the-blanks process. You can do this, but it is massively complex and cumbersome and you are almost certainly better off getting a lawyer. Given what you have said, it looks as though your former spouse's attorney was expecting you to do something you did not. It may already be too late, but waiting longer and expecting the problem to solve itself is not going to help you.
Answered on Aug 16th, 2012 at 7:34 PM
No. Contact the retirement benefit administrator and ask for a copy of their preferred format.
Answered on Aug 16th, 2012 at 7:30 PM
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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If the DRO was signed by the court, there should be a copy in the court's file that you can obtain and make copies of at the clerk's office.
Answered on Aug 16th, 2012 at 6:58 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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No those are done through attorneys or with pension plan administrator
Answered on Aug 16th, 2012 at 6:57 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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The response to your question is being given as a courtesy, without knowledge of all the facts, some of which may change the answer. My answer herein does not establish an attorney client relationship with you. This only may be accomplished through a written agreement. You need to secure the file from the Court's file room and ask for a copy of the QDRO, which was signed and entered by the Judge. Hopefully, the initial QDRO was delivered to plan administrator for approval and then to the Court for execution and entry. If not, but the plan administrator approved the QDRO, deliver it to the proper Department/Judge for signature and return to you. Provide a self-addressed postage paid envelope for its return to you. Let the clerk know the urgency of the need for signature.
Answered on Aug 16th, 2012 at 6:56 PM
Family Law Attorney serving Culver City, CA
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Law Offices of Tobie B. Waxman
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Yes. All you need is your case number and you can then copy any document that is in your case's file.
Answered on Aug 16th, 2012 at 5:07 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You could check with the clerk's office, but also call that attorney and see if they have a signed copy. I advise you both call and put a request in writing (keep a copy).
Answered on Aug 16th, 2012 at 5:06 PM