QUESTION

Have a qdro removed

Asked on Jan 25th, 2014 on Divorce - Nevada
More details to this question:
my husband was divorced in 2004. In the agreement he had to give his wife half of his ira minus half of hers which amounted to about 10,000 dollars. In 2010 we removed some money from the account and then in 2011 when we tried to remove more money he was told a qdro had been placed on the account by her lawyer. The plan sent him a letter asking for the amount of the qdro and he never responded. Now we are unable to take any money and were told to get a lawyer to either have removed or pay amount owed. My husband said he sent paperwork to the actuary at the time of divorce. They were divorced for 9 years when her lawyer put this qdro. I'd like to know how long it takes to have removed and about how much I would have to pay a lawyer. Don't understand why her lawyer took so long to contact the ira and also why he is not responding to them. Thank you. Also the divorce was in New Jersey and currently live in Nevada. Can we use a Nevada lawyer?
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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Something is a little "off" regarding your question, but it could just be a matter of terminology.  Specifically, a "QDRO" (i.e., "Qualified Domestic Relations Order") is not needed for distributions from an IRA -- someone may be using incorrect language.  See the information posted at http://qdromasters.com/ and in the articles posted at http://willicklawgroup.com/published-works/. There is just not enough information in your question to figure out the answer -- you will need to consult with a family law specialist, who will need to see the Decree of Divorce, whatever paperwork you have from the actuary and other attorney, the entire plan documents showing balances, deposits and withdrawals at least back to the time of divorce, and any other correspondence, orders, etc. that concern the issue.  We do this all the time, and if we have both the court orders and the relevant background information relating to the plan balance, it usually is not that hard to figure out who needs to do what, and how, to resolve the matter. Finally, if the divorce was in NJ, then any further court actions will also have to be in NJ, but court filings might not be necessary.  If you no longer have an attorney in NJ working on the matter, it might be simplest to consult local counsel in NV; if everything can be done through the plan, rather than the courts, you can do so from here.  
Answered on Jan 27th, 2014 at 9:30 PM

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