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It seems the PA Superior Court addressed a similar issue in a NON-PRECEDENTIAL case, meaning you could not consider citing this for anything ( See: Kepler v. Kepler (Pa. Super. Ct., 2013) ) . The court held in a case where the one spouse was supposed to submit the QDRO and failed to do so and returned 19 years later (coincidence with your time period only) that :
In any event, it should be noted that the four year statute of limitations does not apply to continuing contracts such as this PSA. "In the case of continuing contracts, such as post nuptial agreements
, where the duties of the parties are ongoing, the statute of limitations generally does not run." See: Crisco v. Crisco, 909 A.2d 308 at 315 (Pa. Super. Ct., 2006). Crisco
also states that when a contract is continuing, if applicable, "the statute of limitations will run either from the time when the breach occurs or when the contract is in some way terminated." Id.
at 313. It appears that the order to issue a QDRO is a continuing order and it would mean she could still file it. There is also no statute of limitations in federal law to file a QDRO under ERISA.
You need to take your court order to your attorney, since he is the one best familiar with your case to make a proper evaluation based on the specific facts of your case.
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