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| QDRO FEE & SERVICE AGREEMENT |
This statement sets forth the terms of engagement offered to you by QDRO Services, L.L.C. Unless modified in writing by mutual agreement, these terms will control all services rendered by QDRO Services, L.L.C. until termination of this Fee & Services Agreement. Please retain a copy of this Fee & Services Agreement for your records.
A. QDRO POLICIES: You have retained QDRO Services, L.L.C. to prepare a Qualified Domestic Relations Order ("QDRO"). In order to prepare the proposed QDRO, we require a copy of the following items before we begin work:
- A copy of the Final Decree of Divorce or Property Settlement Agreement
- A copy of the statement(s) for each retirement plan being divided
- A copy of the summary plan description for each plan (if possible & if necessary)
- A completed copy of our QDRO Checklist
- A signed QDRO Fee & Services Agreement
- A signed Release Authorization (if possible)
- Base Payment
A draft version of the proposed QDRO(s) will be prepared within 7-10 working days of receiving all the requested information listed above.
B. FEES: We are not attorneys and do not provided legal advice and/or interpret the intentions of the parties as it relates to the spirit of the agreement. The proposed QDRO will be prepared in accordance with the terms of the Final Decree of Divorce / Property Settlement Agreement. If the Decree / Agreement is not clear and/or silent on an issue, a letter will be sent out to all parties to clarify the issue(s) and a written response will be required. Any expressions on our part concerning the outcome of any legal matter or Judgment are not guaranteed. We strongly urge you to have a qualified legal attorney review the proposed QDRO on your behalf prior to signing and filing with Court.
Our rates are outlined in more detail in our Fee Schedule, which are subject to revision from time to time.
Any services requested by you in addition of the QDRO(s) will be paid by you at the rate of $175/hr. (i.e. tracing of a defined contribution plan, present value calculation of a defined benefit plan or discovery). Any additional charges will be discussed with the client/attorney prior to commencement of service. You agree that if you request hourly rate services, we have no obligation to render such services before payment of the hourly rate in advance, based upon a good faith time estimate, if we request such payment.
C. PAYMENT OF FEES: You agree to pay the applicable Fee(s) in advance. You agree that the Fee(s) is/are nonrefundable. You agree that our obligation to render the Services does not begin until we receive the Fee(s) and approval of the terms of the QDRO Fee and Service Agreement from you. You agree that we have no obligation to render the Services until we receive all necessary information requested by us.
D. TERMINATION: QDRO Services, L.L.C. reserves the right to decline or discontinue the Services for such things as non-payment of fees or costs, conduct which renders it unreasonably difficult to carry out the engagement effectively, failure to provide information within a reasonable time or conflict of interest. QDRO Services, L.L.C. will immediately provide you with written notice that we have discontinued the Services.
E. EXECUTION OF AGREEMENT: By signing this Fee & Services Agreement, you understand that you have entered into an enforceable contract and accept the terms, conditions and obligations of this Fee & Service Agreement. You agree that you have freely and voluntarily entered into this Fee & Service Agreement with full understanding of the legal ramifications contained in this Agreement.
F. GENERAL: In some cases, depending on the jurisdiction and circumstances, an attorney's services may be required to complete this process. (For example, if the QDRO involves a contested issue; the issue may require resolution by a Judge. If this is the case, you will need to retain an attorney to represent you in a legal capacity. QDRO Services, L.L.C. can be available for expert testimony in these cases. If QDRO Services, L.L.C. is requested to testify or assist in such cases, our hourly rate will apply.)
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