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Usual Fees:  $275 for 401(k), 403(b), 457, PERA; $350 for Pension Plans
50% Discount for Multiple QDROs

Rule 70 Motion & Order for the QDRO Spouse's Signature

Summary:  You can save time and money by using a Rule 70 Motion and Order to have the Clerk of the Court sign a Colorado QDRO in place of an uncooperative spouse. This is a much better alternative to a contempt action.

A Rule 70 Motion & Order Will Get Your QDRO Signed by a Court Clerk

In many cases, if you have waited for months and years to get your QDRO completed and your former spouse refuses to sign the QDRO so that it can be submitted to the Court for the Judge's approval, you can use a Rule 70 Motion & Order to get the Clerk of the Court to sign the QDRO in place of your spouse.

Since the Judges now require both former spouses to sign the QDRO before the Judge will approve it, you have a big problem if your former spouse refuses to sign the QDRO.

You could pursue a contempt of court action. However that is costly and often takes months to resolve. And the result of a contempt action is likely the same as a Rule 70 Motion - you will get the QDRO done.

Colorado Rule of Civil Procedure Rule 70 is a good solution when your former spouse refuses to sign the QDRO. It is quick and inexpensive.

A Rule 70 motion should be approved by the Judge after the expiration of the 21 day period that the opposing spouse has to contest the Rule 70 motion.

If the original divorce or legal separation court order (using a separation agreement or permanent orders ruling) provides that a retirement plan is to be divided, then any attempt by the opposing spouse to oppose the Rule 70 motion will not be successful. You will surely get the QDRO timely completed.

  Updated October 02, 2016  
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