2 letters were sent from plan administrator stating the funds could be dispersed per ERISA 18 month rule in full to the participate if the QDRO that was approved by the plan and sent back for signature from the court is not returned to the plan. Not in exact words but meaning was they needed the signature of the court and sent back to them. These letters were a year apart of them being sent. Wife takes the full amount of the account and rolls it over out of the plan since the last letter stated the same and has been waiting over 6 years and this is first time the 18 month rule was mentioned. Now the attorney who did not file the QDRO until 5 days after funds were rolled over leaving a account balance of $0 with the plan files a contempt charge on wife stating that Wife did not pay spouse what was owed per the divorce decree and QDRO. Should the wife return the funds to the plan that has been discharged per the letters?
