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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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IMy divorce was final December 2008. I am to pay the Ex (Via

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IMy divorce was final December 2008. I am to pay the Ex (Via QDRO), an amout together with gains and losses. My question is what is the statute of limitations in CT regarding when they have to do or give up the right to the funds. Thanks.
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
There is no statute of limitations regarding when they have the right to give up the funds. The QDRO is permanent and the ex can give up her rights to enforce it at any time, but must do so in writing.


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Customer: replied 5 years ago.

So my Ex and his lawyer can wait 20 years if they want until my 401K is potentially very large and the take it?

 

Is there any way for me to legally move some or all of the funds to protect it againt the QRDO? Is there anything else you can think of to keep the bastards hands off my hard earned retirement fund? Please anything, think outside the box. Thanks.

Expert:  Law Educator, Esq. replied 5 years ago.
As long as the QDRO has been issued, it is a judgment of the court and has a 20 year limit and can be renewed for another 20 years (so you were not just being facetious about the waiting 20 years). However, you can file the QDRO with your pension plan to start the payments and prevent her from coming back 20 years later, since the QDRO is a court order and doesn' t matter who serves it on your pension plan administrator. If you move the funds, you will be liable to pay the value to her anyhow. Your only option would have been to file an appeal to the QDRO at the time it was issued. Anything you try to do now would be unlawful.
Customer: replied 5 years ago.
my divorce was only 6 months ago, can I still file an apeal. Do I file it with the QRDO or with the couts
Expert:  Law Educator, Esq. replied 5 years ago.
Your time to appeal has passed, 30 days from entry of final judgment is the deadline to appeal the ruling and issuance of the QDRO. You are really in a position here that the only way out of is a buyout offer to the ex. You can negotiate to buy her out of the QDRO for a lump sum payment and then you would file a settlement agreement in the court where the QDRO gets invalidated based upon your lump sum payout.
Customer: replied 5 years ago.
One last thing. I was to give HIM $18,000 together with gains and losses. But in the time that has passed I have added to the 401K and will add quite a bit in 20 years. That , I would argue, would give him sustantially more money than I agreed to in the divorce. Can I protect the moniy I have put in since the divorce and its gains and losses? How do I do this?
Expert:  Law Educator, Esq. replied 5 years ago.
Sorry for my error. If you gave him the lump sum offer and he accepted, then there would be a settlement agreement where he would agree that the QDRO was cancelled and waived in exchange for the lump sum. Any money you are earning or saving since the divorce, you should put in a new account if possible since that is not really his money and the QDRO should have specified an amount he is entitled to.
Customer: replied 5 years ago.
The decree states my ex ".....shall receive the sum of $18,000.00 together with gains and losses as of date of transfer from...(my) ...retirement account by Qualified Domestic Relations Order." According to my 401K (via Mercer) I cannot move any money into an IRA or other account. I can only stop adding to this one. Also I cannot open a new 401K. So am I screwed either way or is there something I can do?
Expert:  Law Educator, Esq. replied 5 years ago.
Other than pay him the lump sum now to get the QDRO released, I am afraid not.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91299
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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