norcal

Thank you all for the helpful advice. How long does the process to obtain a QDRO take? I know that the PA can take up to 18 months to approve or deny and that is a separate process. I thought this was all up to her. What happens if he gets involved with the QDRO? Worst case scenario? 2) Where do I start to look into this? Google search, local court house? He has already filed with both companies and SS. Is it to late to send the joinder? What will sending a joinder do? Is there a possibility of him cashing everything out and running off with everything? This is my main worry.

My parents divorced back in 1999 after 20 years of marriage. In the divorce settlement it states that my mother is to receive 50% of my father's retirement benefits. Its one sentence, nothing more. He worked for Foster Farms and Safeway (Teamster) during their marriage. I was a little kid at the time but even I knew the importance of getting a good attorney; when they told us they were getting a divorce I handed them the phonebook and told them to find attorneys. Well here we are 16 years later with my father about to retire and I find out that my parents used the same $750 flat rate divorce attorney. My mother had no idea what a QDRO was and now needs 2 apparently. One for Foster Farms and one for Safeway/Teamsters. There is no wording in the divorce settlement about a QDRO or who needs to pay for it to be drawn up. My mother gave up her right to alimony because after the divorce was final he started playing games, stopped working and tried to get the child support and alimony reduced. Looking at all the numbers now, how much he was earning and how little he was supposed to pay her in comparison I can't believe he did that. Because of this I want my mother to get every penny she is entitled to from his retirement plans. Father is retiring 10/31. We contacted the PA for Foster Farms and he sent a sample QDRO. It seems very simple to fill in the missing information but I want to be sure we do this right. We haven't contacted the PA for Safeway because I'm afraid he will find out and do something awful again. From what I've read on the internet the longer she waits the more likely it is she will lose out on receiving anything. What does my mother need to do now? Who does she need to contact? Is this something she can do on her own or at the Self Help Center at the Court House? If not can anyone recommend an attorney in the Modesto, CA area? Also, he is remarried now. What happens if he passes away before my mother. Does his new wife get all his retirement benefits? Or does my mother still have a right to receive her share? I know he has his new wife listed as alternate payee on everything now.