Jump to content

Ex entitled but won't sign QDRO


Recommended Posts

I have been divorced for 6 years.  As part of our divorce settlement which was filed with the courts as part of our divorce paperwork, my ex is entitled to more than $100,000 from my teaching pension.  In Pennsylvania, it is a state funded pension and can be taken out as lump sum (which I would have to do) or as a monthly benefit. 

Our mediator had a QDRO drafted by an independent company that specializes in drafting QDRO's  for PA teachers.  My ex refused to sign saying that it was not the correct amount and has refused to since.  The mediator does not know how this will impact the QDRO.  The pension system thinks he will be entitled to it, but hasn't faced this before.

Help please.  Retirement is two years away...

Link to comment
Share on other sites

4 hours ago, lizz said:

I have been divorced for 6 years.  As part of our divorce settlement which was filed with the courts as part of our divorce paperwork, my ex is entitled to more than $100,000 from my teaching pension.  In Pennsylvania, it is a state funded pension and can be taken out as lump sum (which I would have to do) or as a monthly benefit. 

Our mediator had a QDRO drafted by an independent company that specializes in drafting QDRO's  for PA teachers.  My ex refused to sign saying that it was not the correct amount and has refused to since.  The mediator does not know how this will impact the QDRO.  The pension system thinks he will be entitled to it, but hasn't faced this before.

Help please.  Retirement is two years away...

Since this is a governmental plan, it is not subject to the ERISA rules for QDROs, but probably has its own rules.  For an ERISA plan, the agreement of the parties is not ever required for a QDRO to be legitimate.  It is the COURT's order (the judge's order) and he/she is the only one that has to sign it.  If the judge has decided how the property is to be divided, and even if both parties are unhappy with the decision (which probably means it is fair), if the order is drafted and signed by the judge, no other signatures are necessary. Now, that question should be raised with the PA pension people: is the signature of the involved individual(s) necessary as a condition of approval or is it just enough to have the judge's signature?".

Lawrence C. Starr, FLMI, CLU, CEBS, CPC, ChFC, EA, ATA, QPFC
President
Qualified Plan Consultants, Inc.
46 Daggett Drive
West Springfield, MA 01089
413-736-2066
larrystarr@qpc-inc.com

Link to comment
Share on other sites

Is your plan Pennsylvania's Public School Employees' Retirement System?

If so, this linked-to unofficial publication might help your lawyer understand the System's view of some law.

(I have not read the publication, and do not know whether it is an accurate explanation of the law the publication describes.)

https://www.psers.pa.gov/FPP/Publications/General/Documents/DivorceGuidelines.pdf

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Link to comment
Share on other sites

In many states (like Maryland) a QDRO is an enforcement tool, like a garnishment or an attachment, the purpose of which is for the court to enforce its Orders.  As such is does not have to be signed by the parties, only by the Judge.  A certified copy will then be sent to the Plan Administrator for approval. 

Ask the Plan Administrator if they require the QDRO to be signed by the parties.  If not, have your lawyer submit the QDRO to the Court for signature without further ado.    

Note, the language of the QDRO should not have obligated you to take a lump sum distribution to pay him his share.  You need to talk to your lawyer about this.  I hope the QDRO preparation company knew what it was doing.  There are a great number of such QDRO preparers who charge minimal amounts and are truly incompetent.  The fact that they called it a QDRO is a bad sign since the word "Qualified" does not apply and since the booklet sent my Mr. Gulia refers to it as a "DRO".   

Link to comment
Share on other sites

Follow up.  Tell your attorney to check out Stinner v. Stinner, 554 A.2d 45, 48 (Pa. 1989) on the issue of whether the QDRO is an enforcement tool.  And tell him/her to read Rohrbeck v. Rohrbeck, 566 A.2d 767, 774 (Md. 1989) (expressly recognizing the ability of a party entitled to a QDRO to obtain one to enforce a previously entered judgment); In re Marriage of Thomas, 789 N.E.2d 821, 831 (Ill. App. Ct. 2003) ("[W]e hold that ERISA permits a trial court's entry of a QDRO to assign pension and other retirement benefits to a former spouse to satisfy a judgment for past-due maintenance and child support payments."); Hogle v. Hogle, 732 N.E.2d 1278, 1281 (Ind. Ct. App. 2000) ("It is well-established that, under certain circumstances, a pension may be attached or garnished as a means of satisfying a support arrearage."); Baird v. Baird, 843 S.W.2d 388, 392 (Mo. Ct. App. 1992) ("ERISA permits QDROs to be used to enforce an earlier entered support judgment and collect delinquent maintenance and child support payments against a pension fund."). And see Kesting v.  Kesting, Docket No. 42875, 2016 Opinion No. 35, Supreme Court of Idaho (March, 2016).

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...