QUESTION
How do I get the judge to pass my post death quadro?
Asked on Feb 05th, 2014 on Divorce - Nevada
More details to this question:
Divorced after 19 year in Las Vegas Nevada ex was supposed to have a Quadro done for his culinary pension 2 years went by I took him to court turns out he had died 8 months after our divorce culinary pension told me to do a post death Quadro. I was in title to survivor benefits and a hundred percent of his pension and the only person entitled to it. I resubmitted it to my divorce judge his legal secretary turned it down I need to file with the court that he was dead and she said I was only entitled to half now. What do I have any legal rights the culinary pension administrator wants to give me that pension why wouldn't the courts.
2 ANSWERS
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You need to hire a lawyer. There's really no way around it. A QDRO needs done, in the proper form, with retroactive application to the date of divorce. If it can be done, it will take an attorney to do it.
Answered on Feb 10th, 2014 at 11:38 AM
Frankly, your story as recounted below is a little hard to follow. We do a great deal of culinary pension work, and after the last round of changes to the applicable federal law (ERISA) post-death QDROs are acceptable - in certain circumstances. From the details recounted, I just cannot tell what precisely has or has not been done, what the plan knew, when, and what you are or are not entitled to receive. I'd suggest scanning the original divorce decree, whatever later orders were entered (if no written orders, at least the court minutes) and any correspondence from the plan administrator saying what they will and will not do, and why.
Answered on Feb 10th, 2014 at 11:35 AM