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Step 3. Present the QDRO to the court for approval.
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In Texas, the court that granted the divorce retains continuing exclusive jurisdiction to render a QDRO.
The best practice is to present the QDRO to the court at the same time you present the divorce decree. If you submit the QDRO to the court after the decree has been entered, Section 9.102 of the Texas Family Code provides a specific procedure that you must follow to submit the QDRO to the court. Failure to follow the Section 9.102 procedure will likely cause the QDRO to be void. Make sure the addendum IS NOT attached to the QDRO when you present it to the judge. If it is, your personal information — including Social Security numbers — may become available to the public. This step is not included in our $600 QDRO preparation fee, nor do we provide coaching services to non-lawyers on how to complete this step. The Hernsberger Law Firm can prepare the QDRO and represent you through the entire QDRO approval process anywhere in Texas at our normal hourly rate discussed in QDRO litigation services. We also work with hundreds of lawyers throughout Texas, so we can likely refer you to a knowledgeable lawyer in your area to handle this step for you. After the judge signs the QDRO, it will be filed with the district clerk. You should request a certified copy of the signed QDRO from the district clerk and mail it to the plan administrator. When we prepare the QDRO, we will supply you with the mailing address of the plan administrator. Before you mail the certified copy of the QDRO, be sure to attach the addendum to it. The plan administrator will not be able to process the QDRO without the information contained in the addendum. This step is not included in our $600 QDRO preparation fee. However, we can obtain a certified copy of the QDRO from the district clerk of any county and submit it to the plan administrator for you (there is an additional fee for this service). Step 4. Present a certified copy of the signed QDRO to the plan administrator for approval.
As a general rule, expect the plan administrator to act on your QDRO within 4–6 weeks.
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