galakelady

thanks all for the quick response.. My husband's attorney passed away within weeks of his divorce in 2000. Divorce states only that QDRO will be filed ..no direction as to by whom. In 2008 she came after 1/2 of his 401K granted in divorce and QDRO filed and money was received. One could argue why second DRO not filed for the pension at that time ..but no action was requested so none taken by any party. Her attorney was and is same from 2000 for divorce, QDRO for 401K, and now for the request for pension, although he has retired from actively practicing. We are going back and forth with attorney letters and making them richer from all the correspondence. We draft a proposal to our attorney he sends to her attorney , she rejects and sends back her proposal ect. Our offer is cash settlement for back pension (lesser than would actually be - but based on fact no QRDO filed when he retired in 2011, and no action taken on her part asking for 1/2 of the pension, it is a fair offer.) Do we continue keeping the attorney's busy with emails and letters , or do we just go to court and have a judge decide how much she is due or fair ? My 2 years of paralegal school didn't prepare me for this .. and no I only took the course and I never became a paralegal... thanks

Need help with legalize of QDRO .. my spouse divorced 19 yrs ago in his divorce degree he was to give 1/2 pension to his first wife. At time of divorce no QDRO was filed. We married 3 months ago and now she is asking for her share of his pension which he began drawing in 2011. She wants her 1/2 now and what she feels is due from 2011. If my research is correct the 1/2 pension would only began when the Plan receives a QDRO and no back payments should be granted. She is stating it is my husband's responsibility to file the QDRO now for her .. and I believe she should incur the legal fees not us. and yes this is probably a revenge thing since the pension amount she will receive monthly is under 250.00 per month. Thanks for any help.