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I left ATT in 2008 and my ex wife put a QDRO hold on both the ATT and USWest (now Centurylink) she pursued and got a portion of my ATT cash buyout. Now I'm eligible to begin withdrawing my centurylink annuity of $354 a month. 8 years later the hold is still in effect. It is managed through Towers Watson QDRO Service Center in Los Angeles. I feel 8 years is long enough and my ex does not want to sign a waiver. I worked for USWest from 9/1977-1/1998. We married in 1991 divorced in 1996 but we separated in 4/1995. She will not get very much in any settlement which is why she took the ATT buyout. I need to begin drawing this money due to financial hardships incurred during this economic downturn. I did see in another post that there is no statute regarding any limit. At ATT if no action is taken after 18 months the hold is dropped. Any input would be greatly appreciated.

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Two thoughts.

1. Regardless of whether there is a hold, the issue remains unresolved regarding the distribution of assets in state court. As a result of your divorce there should have been a settlement agreement or court order stipulating how the distribution should take place. The court may have awarded a portion of the Centurylink account to your ex or said that you would keep the entire sum. Which is it? If it was not stipulated, then you need to get the court to resolve the issue, which will negate the necessity of dealing with your ex regarding a waiver (which I'm not sure the plan would honor anyway). It appears that you got divorced but did not resolve all the property issues - a not uncommon occurrence by the way or the issue was resolved but there was no QDRO prepared and approved by the court to send to Centurylink.

2. The plans operate in accordance with their own policies and procedures. What one plan does the other may not. Centurylink wants something official to absolve them of any responsibility. Typically they are responsive only to court orders and not much else. If you get a court order (QDRO) that awards you the entire the sum in the account, then Centurylink would release the funds.

Bottom line: The plan wants a QDRO. Give them what they want and you can get your money.

Second bottom line: Plans must legally follow their own procedures. Get a copy of the QDRO procedures and determine what their hold procedure is to make sure they are following their own procedures. If they are not call them on it and tell them they are required to follow their own procedures.

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While a plan can get away with whatever it wants as a practical matter, and mistake is the rule with respect to "holds" (there is really no such thing under the law), if a plan is presented with a domestic relations order it is required to determine qualification "promptly" and provide a reasonable time for correction of qualification of defects. If defects are not cured, the distribution should proceed. If the plan does not have a domestic relations order at the time of application for benefits, the plan should pay the benefits. Even the mistaken plans will need to assess what is has by way of a "hold" and require some diligence in processing. I infer that you are in California and the California abomination of "joinder order" is in play. It is interesting that AT&T is a named party in quite a few reported QDRO cases -- mostly getting it wrong. Your problem is that you will need representation by someone who knows that stuff and you won't want to pay what it will cost -- that is why the plans can get away with whatever they want. CADMT's bottom line is is the most practical approach, even if I disagree with the other details.

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