I have a scenario that I need help with. My parents divorced back in 1996 and as a part of the Divorce Decree there was a Consent Order stating that my father in these exact terms quoted: "shall pay the legal fees for and cause to be drafted as part of the decree a QDRO directing the Federal Office of Personnel Management to pay to the wife, son the husbands retirement, one half of the marital portion of the Husbands net annuity and, further, in the event of the Husband's death, to pay to the Wife a survivor's annuity based on the marital portion of the Husband's annuity." It then goes on to give a formula for how the "marital portion" is to be calculated.
In 2003 my mother died unexpectedly and I settled her estate. I never knew that there was a divorce decree until last month when I had to search for the file because my father tried to claim her retirement benefits from her previous employer and I had to send it in to show that they were divorced and at that time after receiving the divorce decree info I ended up also finding out that he also waived any right he had to her retirement benefits in the same divorce decree. After seeing this divorce decree and the Consent Order within it I have a few questions that I am hoping that someone here can give me some direction on:
1) How can I find out if a QDRO was ever completed?
2) Under these circumstances, would I, as my mothers only child and heir, inherit the benefits from the QDRO?
3) Based on the Wording in the Decree it was my fathers responsibility to get the QDRO completed and paid for. If he never did can it still be required of him to be done post my mothers death by her estate and how would I go about doing this?
Other possible pertinent information:
My father is a federal government employee
He has not retired yet but may be doing so within the next few months
The divorce and everything pertaining to it was done in Washington DC
My mother died in North Carolina and my father is a Maryland Resident.
If you have any additional questions that could be helpful to giving some direction please let me know.
Any Direction that can be given here would be of great help. Thank you in advance.