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amount of $28,000), which are secured by a deed of trust on
Wife’s home. The remaining fund balance shall be used to
pay Husband the sum of TEN THOUSAND DOLLARS AND ZERO CENTS
($10,000.00). Any remaining balance shall belong to Wife.
Wife’s attorney shall accomplish all disbursements from the
withdrawn funds within thirty (30) days of receipt. Any
proceeds remaining in Husband’s 401K plan shall be confirmed
to husband as his sole and separate property.
The QDRO issued by the California Superior Court on August
3, 1999, was stamped “Endorsed Filed”. This QDRO stated in
paragraph 4:
The AP [alternate payee] account will be distributed upon
receipt by the Plan of an endorsed filed copy of this
Qualified Domestic Relations Order and an endorsed filed
copy of the Stipulation and Order that concerns this
Qualified Domestic Relations Order.
Unlike the Stipulation and Order filed August 3, 1999, this QDRO
made no mention of the distribution of $10,000 to petitioner or
the distribution of funds to pay the debts secured by the deed of
trust. However, the QDRO incorporated into its terms the
Stipulation and Order.
Ms. Seidel, through her attorney as her agent, received a
net distribution of $60,060 ($77,000 less Federal and State taxes
withheld of $16,940). Ms. Seidel also received a Form 1099-R,
Distributions from Pensions, Annuities, Retirement or Profit-
Sharing Plans, issued by New York Life Insurance Company for
taxable year 1999 reflecting a taxable distribution of $77,000.
Upon receipt of this distribution, Ms. Seidel did not redeposit
the funds into the CWSC 401(k) plan, nor did she roll the funds
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Last modified: May 25, 2011