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Qualified Court Order and paying debts

Thanks for any help! Does anyone know when to file a QCO and do I ask my attorney to complete this order? Spouse has been getting federal retirement pension for several years now but 10 years from mandatory retirement. Another question - can I pay off debts using earnings during the divorce process such as school loans and car payments? Another silly question - where can I read the responses to this chat?

by nascar   71 Posts 
Posted on 8/1/2010 10:38 AM
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Answers for "Qualified Court Order and paying debts"  (3) (You must be logged in to answer)

From your post it is appears that your divorce is not yet final.  Typically, a QDRO (Qualified Domestic Relations Order) is not filed until after the final decree of dissolution. 

If your divorce is final, then your attorney may be able to prepare the QDRO.  However, in some situations the attorney may refer you to a new lawyer who specializes in preparing such orders.  Drafting QDRO orders can be a legal land mine and many lawyers choose to refer their clients to  specialist.

If your divorce is not fiinal, then you may be entitled to temporary support payments, which can help you make the monthly payments.  If you are not receiving monthly support, this is a questions to ask your attorney.

QDRO's are court orders dividing pension accounts.  Once you receive your share of the pension, you should talk with an accountant or financial planner to learn the tax consequences of withdrawing the funds early.  Take the time to educate yourself and make an informed decision before withdrawing the pension funds.

Barbara Lynn

by BarbaraL   49 Posts
Posted on 8/1/2010 10:23 PM

Thanks  for shedding the light.
by nascar   71 Posts
Posted on 8/1/2010 3:47 PM

First in your divorce process you have to be awarded the right to his retirement - then either attorney can draft the QDRO.

You can't take a bulk amount of money and pay off a debt no...because financial responsiblity hasn't been decided yet - but you can continue to make payments as you were before...after the divorce with whatever finaincial award you are given you can do what you want with it.

You will figure out that you are told in your e-mail you got a response to you question and it will lead you to it =)
by spaznskitz   11339 Posts
Posted on 8/1/2010 11:30 AM

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