Qdro Filing Deadline Consequences

Summary

Missing a QDRO filing deadline in North Carolina can have various consequences. The responsibility might not automatically fall on you, but your ex-spouse may seek an extension or bring up the issue later. Generally, youre not required to remind her, but doing so could avoid complications. If she cant afford the fees, she might qualify for a fee waiver. Consult a local attorney for specific advice.

Full Conversation

Since we were going through a banruptcy at the time of the divorce my ex put an extended time in the separation agreement (by way of an addendum we both singed) that the QDRO must be completed by a specific date. Also as part of the agreement she is required to file and pay for the QDRO paperwork. She's quickly (within 45 days) approaching the date set forth in the agreement. What happens if that date comes and goes... Am I no longer responsible for paying her out?
Hello ****, the consequences of missing the QDRO filing deadline can vary based on your location and the specifics of your agreement. Could you please share your location to provide more accurate information?
North Carolina
Thank you for sharing, ****. In North Carolina:
- If your ex-spouse fails to file the QDRO by the agreed date, the responsibility might not automatically fall on you.
- However, it's best to consult with a local attorney to understand the specifics of your situation.
Would she be able to extend this time frame or come back later and demand it be completed?
In North Carolina:
- The court may grant an extension if a valid reason is provided.
- Your ex-spouse may also potentially bring up the issue later, but it would be at the court's discretion.
- Consult with a local attorney for advice tailored to your situation.
Do I have any duty to remind her?
In North Carolina:
- Generally, you're not legally required to remind your ex-spouse about the deadline.
- However, it may be beneficial for you to do so to avoid potential legal complications.
- A local attorney can provide specific advice for your situation.
what if she is anable to afford the fees?
In North Carolina:
- If she can't afford the fees, she might be eligible for a fee waiver.
- She would need to apply and qualify based on her income and expenses.
- Please consult a local attorney for guidance.