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Financial Services, which are secured by deeds of trust on
wife’s home. After those two (2) debts are paid, any
balance of the proceeds shall be split equally between the
parties. Any proceeds remaining in Husband’s 401K plan
shall be confirmed to Husband as his sole and separate
property.
The Marital Settlement Agreement was reviewed by Lillick &
Charles, LLP, Attorneys at Law (Lillick & Charles), and by the
administrator of the CWSC 401(k) plan, for whom Lillick & Charles
acted as counsel. Based upon this review, the plan administrator
refused to comply with the Marital Settlement Agreement because
it did not constitute a QDRO. Due to Mr. Seidel’s continuing
employment, the plan administrator would not distribute the
called for amount to Mr. Seidel.
Mr. Fruitman and Mr. Adams negotiated a second Marital
Settlement Agreement which incorporated a Domestic Relations
Order (DRO). They submitted the proposed QDRO with their
respective party’s approval to Lillick & Charles on May 28, 1999.
The Marital Settlement Agreement did not provide for the payment
of funds from petitioner to Mr. Seidel for use in making the
mortgage interest payment at issue in the present case.
Petitioner expressly waived all spousal support in the Marital
Settlement Agreement.
Lillick & Charles advised Mr. Fruitman and Mr. Adams on June
7, 1999, that the proposed DRO was satisfactory, met the
requirements of a QDRO, and that the plan administrator would
make the distribution pursuant to the QDRO.
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