QDROs are simply court orders that comply with federal law controlling retirement plans "qualified" by the Internal Revenue Service. Because a plan is a third party to a divorce, it has no obligation to comply with the family court order unless the order satisfies the exact specifications of federal law.
There is no "time" specified under federal law for distribution. It's entirely up to the plan. However, if it were apparent that the plan administrator were refusing to follow the court orders, you could cite the plan for contempt and force it to defend its position in court. You could also complain to the U.S. Dept. of Labor (www.dol.gov/esba), which controls ERISA qualified retirement plans.
And, you could also sue the plan "straight up," in civil court for breach of fiduciary. But, first, you would need to make a demand for payment, so it is unmistakable that you believe your money is being unreasonably withheld. You may want to start by writing the plan and asking for a copy of the plan agreement and a reference to the paragraph that controls payment timing.
No sense in complaining blind -- better to know what the plan's position is, in its administrator's opinion.
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I beg to differ...it completely answers your question. You want to get paid. The only way to find out when that will be is to contact the plan administrator. Which is what I said.
If you think you're being treated unfairly by the plan, then you can sue or complain to the government. Those are your options. There are no others.
Please don't shoot the messenger, just because you don't like the answer.
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