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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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JA: Thanks. Can you give me any more details

Customer Question

***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: I was divorced 24 years ago, awarded a percentage of my husbands pension based on the eight years we was married. The qdro was never sent to the pension plan. My ex has retired and remarried. Help
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Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Not military, husband retired from airlines, state of Colorado what other infor do you need?
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Was the QDRO drawn up, approved and signed off on by the judge?
Customer: replied 1 year ago.
It was written in the final decree but not a qdro of its own
Expert:  Roger replied 1 year ago.
Ok. Thanks. In that case, you'll need to have a QDRO drafted and filed based on the court's standing order.....and then submit the QDRO to the plan administrator for your ex. Once that QDRO is submitted, the administrator can divide/withdraw funds as ordered.
Expert:  Roger replied 1 year ago.
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting.
Customer: replied 1 year ago.
This answer is wrong because my ex has already retired. The plan recognizes my ex and his current wife.
Expert:  Roger replied 1 year ago.
If the plan recognizes you as a beneficiary and is paying you as ordered, then it's likely the above has already occurred.
Expert:  Roger replied 1 year ago.
But, if you're receiving the court-ordered amount you're entitled to, I don't understand what your question is.
Expert:  Roger replied 1 year ago.
Can you explain?
Customer: replied 1 year ago.
The plan does not recognize me because the qdro language in final decree was never sent to plan. The court did not instruct me to send to plan. The qdro language is vague as well according to what I have read for qdro rules. My ex is not willing to work with me. Since his plan is already in motion, I don't know where to start
Expert:  Roger replied 1 year ago.
Ok. If the plan administrator never received the qdro, then that's the first thing you must do. It doesn't matter if his plan has already begun.
Expert:  Roger replied 1 year ago.
You would need to contact your lawyer about getting this matter addressed by the court and ordered so you can submit this to the plan administrator.
Expert:  Roger replied 1 year ago.
In other words, you'll have to get a QDRO in place before you can get sBt results from the plan administrator.
Customer: replied 1 year ago.
Can you reopen a case after 24 years?
Customer: replied 1 year ago.
Divorce case?
Expert:  Roger replied 1 year ago.
Yes, you should be able to file a motion to reopen the case in order to fulfill the terms of the order.
Expert:  Roger replied 1 year ago.
In fact, the order likely states that the court retains jurisdiction on the matter until the order is fulfilled.
Customer: replied 1 year ago.
What if my ex will not participate
Expert:  Roger replied 1 year ago.
He really has no choice. The court has already ordered this, so he's obligated to fulfill it.
Expert:  Roger replied 1 year ago.
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting.
Customer: replied 1 year ago.
What if the plan rejects the qdro because of time lapse, I've read they can reject because qdro was not submitted timely
Expert:  Roger replied 1 year ago.
Well, if the court orders the QDRO, the plan administrator shouldn't have much of a choice.Also, if he's recently retired, the absence of the QDRO likely has had little to no affect on the plan administrator.