QDRO Legal Advice Requested
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|Mon, 03-17-2014 - 8:39am|
So, my decree was written with a specific dollar amount for our 401ks. Since the divorce was final over 8 years ago, I finally got around to it (my ex woudn't agree to the QDROs that were sent to him, the decree does not state who is responsible for the QDROs, and I had some lawyers who did not do the QDROs despite my requests for the 8 years). Anyways, my current lawyer states that since the decree does not stipulate anything about the earnings (and/or interest), that I am only entitled to the specific dollar amount listed. To compound matters, the last lawyer I had wrote up the QDRO with earnings, then my ex's lawyer objected, so the last lawyer (without communicating this to me and without getting my agreement), amended the QDRO to the listed the dollar amount (i.e., I will have to return the earnings which now amounts to 75% of what was originally transferred to me since the base amount accumulated so much in earning.)
My objections are that:
1. The intent of a 401k is to invest the money so that it grows in value. Therefore, I should be entitled to the earnings on the base value.
2. I have already spent thousands of dollars on a QDRO lawyer, for which my ex refused to agree on the drawn up documents. Therefore, I should be entitled to the earnings.
3. The divorce decree states that my ex's 401k is "approximately $XXXXX," which, again, shows that he was belligerent in NOT providing the documents with exact amounts.
Are there any lawyers who would argue in my favor, or are my attempts at getting the earnings on the 401k futile?