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My exwife refused to sign QRDO 14 yrs ago. I would like to…

My exwife refused to...

My exwife refused to sign QRDO 14 yrs ago. I would like to retire and already had an actuary split the annuity. Since she didn't sign it my lawyer and I had a judge sign it for her. Q: Is she entitled to the percentage of what it is now or the amount with interest from the years when age and years of service were back when we were divorcing?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Yes

Lawyer's Assistant: Family law varies by state. What state is she in?

Ca.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's about it

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Answered in 10 minutes by:
4/16/2018
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,471
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Hello: My name is ***** ***** I am an attorney.

I presume the order does not address the issue of what amount the ex is entitled to receive?

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Customer reply replied 4 months ago
39.43% however my annuity was much smaller yrs ago 84-99 are the years .

Ok. Hold, please. I want to look into something for you....

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Customer reply replied 4 months ago
Will do

Pension plans may be divided generally into two types: Defined Benefit Plans and Defined Contribution Plans. By chance, do you know which one this is?

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Customer reply replied 4 months ago
There isn't a amount but it does have months of marriage and a percent

See, my inkling is that the percentage is based on amount back at the time of the signing of the QDRO plus interest. However, QDROs usually would specify that but yours does not. So, it is unclear. You mention 84-99 years but I am not quite sure what you are referring to? Are you saying from 1984 through 1999 you were married?

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Customer reply replied 4 months ago
I was awarded the 401(K) she was awarded a house so this only has to do with a pension or a precent of it . I am wishing to retire and this make a huge part of my decision
Customer reply replied 4 months ago
Sorry , yes those were the years I was married

Thanks for the additional information. Hold, please.

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Once that amount was determined and finalized by the court and the QDRO drafted and provided to the non-owning spouse, the non-owning spouse could have directed the retirement plan custodian to distribute the funds in the amount specified. Consequently, it appears that the amount would be at the time of the divorce. Did you talk to your 401k administrator about this also?

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Customer reply replied 4 months ago
I have not. Since she didn't sign it , she doesn't know she is entitled to it . After all this time she still has anamossity .
Customer reply replied 4 months ago
Sir , apologies for airing my laundry

That's okay. Did you ever file the QDRO with the administrator?

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Customer reply replied 4 months ago
No sir , I thought my lawyer would do it at the time of the court date. I didn't know there was a QRDO until I requested retirement papers last week

Who brought it up to you last week? Who mentioned it to you?

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Customer reply replied 4 months ago
My HR department at the time of my retirement paper request. I haven't received the papers because of the QRDO

How did HR know you had a QDRO?

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Customer reply replied 4 months ago
That sir I do not know

Okay. You have to give them a copy of it. They will split it based on the order. In hindsight, the money at the time of the signing would have been split between you and her. So, it most likely will be the percent of that amount of money plus the interest, rather than your continued contributions being included. The administrator should know what to do.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Attorney
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Customer reply replied 4 months ago
I thank you Mr Basco. You have answered my questions to my satisfaction. I'll be glad to give you as many stars as you would like

You are welcome. Best regards.

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