QDRO Orders Delayed Again
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QDRO Orders Delayed Again
| Mon, 09-26-2005 - 8:51pm |
Hi to all,
I need to vent here, but I also want some opinions too, if you all don't mind.
The divorce has been final since Jan. '05. He had 60 days to settle up on all money matters, including the QDRO (qualified domestic relations order);it is how you split up a pension and/or an investment like a 401K.
So finally his lawyer gets the orders typed up in May. Gee that is 60 days past the 60 day deadline! Then she only sends one for the pension. I don't get anything official from the company till JULY! Only to find out that she forgot the other part for the 401K, which by the way is a substainial amount of money. She claims my lawyer misplaced it, my lawyer says the court kept it thinking it was a copy of the pension. WHATEVER!!!
So it gets refiled. And here it is SEPTEMBER and I finally get something from the company that says it was done incorrectly and has to be redone!!! What a shock!! Do you think that was an accident!!! I am seeing RED!
How ironic that today just happens to be the day we would have celebrated 25 years of marriage. What a giagantic slap in the face!! So now I have to call my lawyer again, and he will want to bill me again, well the idiot is going to pay for this one!!!
So your opinions please - does this sound like an accident!! or just God laughing at me.
Thanks for the rant, I feel somewhat better!
e
I need to vent here, but I also want some opinions too, if you all don't mind.
The divorce has been final since Jan. '05. He had 60 days to settle up on all money matters, including the QDRO (qualified domestic relations order);it is how you split up a pension and/or an investment like a 401K.
So finally his lawyer gets the orders typed up in May. Gee that is 60 days past the 60 day deadline! Then she only sends one for the pension. I don't get anything official from the company till JULY! Only to find out that she forgot the other part for the 401K, which by the way is a substainial amount of money. She claims my lawyer misplaced it, my lawyer says the court kept it thinking it was a copy of the pension. WHATEVER!!!
So it gets refiled. And here it is SEPTEMBER and I finally get something from the company that says it was done incorrectly and has to be redone!!! What a shock!! Do you think that was an accident!!! I am seeing RED!
How ironic that today just happens to be the day we would have celebrated 25 years of marriage. What a giagantic slap in the face!! So now I have to call my lawyer again, and he will want to bill me again, well the idiot is going to pay for this one!!!
So your opinions please - does this sound like an accident!! or just God laughing at me.
Thanks for the rant, I feel somewhat better!
e

~calla~ mom to rosie and gracie
Thanks for you support and opinions. I called the benefits rep today and found out that the only thing that was missing from the first QDRO was a raised stamp from the court!
So I wrote a threatening email to the x and let him know what was going on, he always plays stupid. Told him that him and his lawyer could both be in comtempt if I wanted to push it. Also told him that I will be calling his lawyer by next week to follow-up since he prefers to stick his head in the sand.
Thanks again,
e
This may be a combo of ex *and* fund management not
wanting to give up the money. Been there, done that.
It took me FOUR YEARS to get an annuity disbursement
via Quadro. Meanwhile, I didn't have any money to refinance
my home and it foreclosed. (the ex promised me he would
make sure I didn't get *his* house)
Even after HIS attorney wrote the darn thing up wrong
so many times (on purpose - I got the correct info, but
my attorney passed it to him to produce) and once it was
FINALLY done correctly, I had to jump more hoops. It took
another 90 days of - mail me this month A - we respond
month B - if it's correct month C, well then we mail it in
30 days. The union I dealt with only mailed checks the last
day of the following month.
Be prepared to have your certified birth certificates
and an original social security card to mail them.
That in itself could take you 30 days.
You can get all this information (their requirements
for disbursal) on your own by contacting
the plan administrator directly. In writing.
Sometimes being sweet on the phone helps, but
don't be surprised if the info isn't complete.
Write the letter yourself (no need to beg your
attorney or his). Identify yourself and include in your
wording "this is a legal request" to get them to give
you plan-related and offical info. You will need to supply
ex's name and social security # and type of plan, with
your full contact, etc.
You have a right to this information that they will,
quite possibly, be secretive about to delay disbursement.
For every 30 days they delay paying you, they
earn interest and keep it. Unions are the
worst to deal with.
You may have a problem if they tell you that
you can NOT take the money "until 2 years
of no activity" has passed on the account.
Maybe you can't cash it in and have to wait
till retirement? If you did not get that info
prior to your divorce you have two options...
and this is all hindsite for me ...
sue them over it (QDROS are legally designed
to prevent this and to allow/force disbursement)
-or- go to divorce court with such *new* info and
have your ex pay your bills until you get it.
Not having pertinent info does effect the
meaning of your settlement and it may be
cause to take action.
I certainly hope you don't have to struggle
while this is being settled. I feel for ya.
Good luck.
Star
PS - I dealt with 2 diff plans. One I got
cooperation (the bank), the other I didn't (union).
Seems you at least have *someone* answering your
questions. That's nice. :)
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Edited 10/3/2005 12:17 am ET ET by shootingstar2020