Family Law

I discovered when trying to roll over my 401k that there is…

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I discovered when trying to...
I discovered when trying to roll over my 401k that there is a QDRO hold since 2001. It appears that no legal paperwork has been filed with my employer and they are asking for a copy of my divorce decree. What legal paperwork must be in place for this to be enforced and whose responsibility is it to... Read full answer
I discovered when trying to roll over my 401k that there is a QDRO hold since 2001. It appears that no legal paperwork has been filed with my employer and they are asking for a copy of my divorce decree. What legal paperwork must be in place for this to be enforced and whose responsibility is it to provide it? Is there a statute of limitations for this?
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9/5/2014
PlotinusLaw
PlotinusLaw, Family Law Attorney
Category: Family Law
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Experience: 14 years of practice in all aspects of family law.
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PlotinusLaw :

Hello, thank you for your question and for contacting JustAnswer. My name is ***** ***** I will be helping you today. I want to make sure my understanding of your situation is correct before answering your question. When you say that there is a "QDRO hold" since 2001, does that mean that a Qualified Domestic Relations Order that has already been entered by the Court, or, is the only paperwork on the issue the divorce decree.? Also, what company do you work for? The reason I need to know is that many companies have their own specific procedures, and some of these may be published online.

Customer:

The only paperwork I know of is the divorce decree. I worked for Conagra Foods until June of this year. They told me that the account was flagged when my marital status changed to divorced. I can't get them to answer any questions. They keep repeating ad naseum to send my divorce decree.

PlotinusLaw
PlotinusLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 738
Experience: 14 years of practice in all aspects of family law.
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I apologize for the late response. I thought I had my email notifier turned on, and it was not. Conagra probably requires to see these decrees as a business practice whenever someone's marital status changes. This protects them from liability. When it comes to enforcing a judgment, the statute of limitations in Illinois is 20 years. Here is a link with the appropriate statute if you are interested:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII&ActID=2017&ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=56&ChapterName=CIVIL+PROCEDURE&SectionID=30813&SeqStart=97500000&SeqEnd=103300000&ActName=Code+of+Civil+Procedure%2E
As far as getting the QDRO hold off of your pension or retirement assets, based on the responses to my questions, it sounds like a Qualified Domestic Relations Order was never drafted and/or entered by either party. A judgment of divorce is not enough to force an employer to divide up the assets because technically, a divorce court does not have jurisdiction over a 3rd party employer. It would be interfering with an employment contract between two private parties while only having jurisdiction over the parties to the domestic relations action. This is why we have QDRO's. A Qualified Domestic Relations Order is an indirect way for the court to force distribution of this asset despite the jurisdictional limitations. The QDRO also protects the employer from liability from employees who would otherwise try to prevent distribution of any assets. Conagra needs the divorce decree in order to incorporate the terms of retirement asset distribution into a Qualified Domestic Relations Order.
I hope this answers your question. If not, please don't hesitate to ask a follow up. I have my email notification on this time.
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