NJSBA Family Law Section

Colleagues:

I've noticed many firms do not get involved in either drafting the DROs or facilitating the process using one of the companies that draft and administer such as All Pro QDRO, Troyan, Inc., etc.  We always see the process to the end which is quite a bit of work because sometimes it involves chasing people for signatures.
I hate to abandon the client to deal with this sometimes mystifying process.  I was under the impression that it was our obligation, especially when representing the alternate payee, or we could be subject to a malpractice action.  Thoughts?

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Mary Jane Leland Esq.
Freehold NJ
(732)409-7777

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Key case to review is: Ross v. Ross, 308 NJ Super 132 (App. Div. 1998). Also relevant is an unpublished Appellate Division decision in Schachter, Trombadore v. Peters, 2008 W.L. 3862009 (App. Div. 2008)

Tom

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Thomas Dilts Esq.
Somerville NJ
(908)725-1776

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Original Message:
Sent: 09-16-2013 11:41
From: Mary Jane Leland
Subject: QDROs

Colleagues:

I've noticed many firms do not get involved in either drafting the DROs or facilitating the process using one of the companies that draft and administer such as All Pro QDRO, Troyan, Inc., etc.  We always see the process to the end which is quite a bit of work because sometimes it involves chasing people for signatures.
I hate to abandon the client to deal with this sometimes mystifying process.  I was under the impression that it was our obligation, especially when representing the alternate payee, or we could be subject to a malpractice action.  Thoughts?

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Mary Jane Leland Esq.
Freehold NJ
(732)409-7777

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Hi, Mary Jane. I hope all is well with you.

Yes, it's your obligation, if you represent the non-participant spouse, to make sure the DRO is finalized. It's generally much less expensive to hire the companies such as Troyan, Inc. etc. to do the orders but I would be concerned if I did not make sure they were finalized. I have one now where the Plan administrator never advised that the order had been qualified and thank goodness for Troyan's firm, they followed up to remind me, since it had been many months since the order, pre-approved by the plan's counsel, was sent to the plan administrator with a request that I be notified (per Troyan's instructions) that the administrator accepted the DRO and qualified it. I wrote a follow up letter and have it diaried to follow up now.

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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

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Original Message:
Sent: 09-16-2013 11:41
From: Mary Jane Leland
Subject: QDROs

Colleagues:

I've noticed many firms do not get involved in either drafting the DROs or facilitating the process using one of the companies that draft and administer such as All Pro QDRO, Troyan, Inc., etc.  We always see the process to the end which is quite a bit of work because sometimes it involves chasing people for signatures.
I hate to abandon the client to deal with this sometimes mystifying process.  I was under the impression that it was our obligation, especially when representing the alternate payee, or we could be subject to a malpractice action.  Thoughts?

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Mary Jane Leland Esq.
Freehold NJ
(732)409-7777

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