QUESTION
What will be my ex entitled to when she comes back?
Asked on Oct 18th, 2012 on Divorce - Florida
More details to this question:
California divorced in 1995. My company retirement was part of the divorce. My attorney prepared a QDRO and sent it to the petitioner. However, there is no record at the company of receiving the "filed QDRO" or any QDRO. I am eligible for my retirement benefits and realize that the company has no obligation to pay the ex-spouse. However, they will deduct Federal and State Income taxes out of any distribution to me. After all these years, it seems like she has abandoned her claim to the pension benefits.
9 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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As she has a judgment for the benefits, she will not be deemed to have abandoned the entitlement. You need to consult with an ERISA attorney or someone at your company's pension office regarding this.
Answered on Oct 23rd, 2012 at 4:37 PM
William C. Gosnell
You are bound by the Qdro. Since the divorce Judge signed the order. Her lawyer can still send it to your employer.
Answered on Oct 23rd, 2012 at 4:11 PM
No she has not abandoned her rights to the retirement benefit. The judgment of your divorce undoubtedly stated that the retirement benefit was to be divided by QDRO and that is a court order. If the ex won't sign the document, have your attorney or a new one present it to the court for signature by the Judge or Court Clerk so a file order can be given to your company and you won't have to worry about being embroiled in a major litigation for violation of the judgment Good luck
Answered on Oct 23rd, 2012 at 7:08 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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This is a Colorado family law website and that is a question of California law and you need to ask the attorney who prepared the QDRO what the consequences of the delay are and what you should do about it.
Answered on Oct 23rd, 2012 at 6:55 AM
Michael Paul Vollandt
If a Judge signed the QDRO it is a judgment. I have no idea why the plan administrator received but does not initiate order.
Answered on Oct 23rd, 2012 at 12:27 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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See an attorney. She has rights to your retirement even if the QDRO wasn't done properly. Do not cash anything out until you're sure what the division is. You will owe her her share.
Answered on Oct 22nd, 2012 at 11:39 PM
Family Law Attorney serving Monterey, CA
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Law Offices of Crawford & Crawford
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I would need more information to answer this fully. It depends on what your Judgment says. If she was awarded part of your pension, that is a binding court order. If the pension pays her monies to you, you could be liable to pay her what she is entitled to. You should "follow the paper trail" to see what has actually happened.
Answered on Oct 22nd, 2012 at 11:36 PM
Steven D. Dunnings
No Order, no worry.
Answered on Oct 22nd, 2012 at 11:11 PM
I would strongly suggest you talk this over with your Attorney. That's what you paid him/her for.
Answered on Oct 22nd, 2012 at 10:39 PM