I am in desperate need of sound advice. I think I am going to get screwed by Pennsylvania law once again.
My ex wife and I were married Sept. 1989, separated in March 2008 and were divorced in August 2009. I am a newly retired police officer and she is a nurse. We both have pensions. She is entitled to 25% of mine (I thought up to the date of separation which is 18 years). She was ordered by a judge to give me half of her 401k at the time, about $12,000 so I could roll it into an IRA that I opened. He told her not to touch it otherwise. I never got the money. The judge required both of us to have a QDRO completed within 30 days following divorce. Neither of our attorneys followed through with our individual QDROs.
Fast forward to now. I am retired and can’t collect my pension. I just had my QDRO done, but my ex refuses to do one. She also says she recently took out whatever money was in that 401k, so the balance is zero. To top it off, the attorney who just did my QDRO says she is entitled to 25% of my entire career of 28 years plus $43,000 of the DROP ( which I paid into from 2017-present). Is this accurate? How can this be fair? Is she in violation of the court order if she doesn’t get a QDRO done?
What recourse do I have, if any? Please help...