QDRO plan administrator not complying with Court order

[Guest TGKC]

I have divorced and QDROS filed for two retirements, plans joined in divorce proceedings. I received notice of my amount of split retirement and start date of me receiving my portion directly beginning November 30.

I then received notification that a new system was implemented by the retirements and the developer and IT person could not enter my information so that I could receive my portion directly, some apparent glitch in the system. Now another month has gone by, I get another notification that this so-called glitch is not fixed, I will not receiving my portion directly either this month, for December, that the full retirement will once again go to the ex-spouse.

It is beyond my comprehension that a state agency can have a new so-called system in place that is not capable of dividing QDROs, and the "developer "and IT person cannot figure out how to enter my information into the system, and my portion continues to go to the ex-spouse.

Both plans were joined in the divorce and QDROs were filed and approved and signed off by the Court, and the plans acknowledged and wrote me a letter as to what my portion would be.

What can I do to demand the plan administers stop waiting for a so-called glitch fix and have them send my amount to me immediately? In the meantime, my ex is sending me only half of the NET amount and he is saying he is going claim that amount as spousal support on his taxes even though the court order waived spousal support for both of us, so I essentially may be having to pay taxes twice on this amount.

Any suggestions on getting plan administrator to abide by the court order immediately? Any help would be so appreciated.

[Lou S.]

Dear Administrator,

I have been patient with your system issues but they are not my concern. A valid QDRO has been submitted which you have acknowledged. If I do not receive the payments dating back to your receipt of QDRO with interest in the next 20 days, I will refer this matter to the local branch of the Department of Labor for further inquiry.

Warmest regards,

Alternate Payee

[QDROphile]

I see the words "state agency." No fear of Department of Labor. If you need to force the issue, you need to go to the court whose order is not being obeyed.

[Guest TGKC]

Thanks for the responses. Hate going back to court ... hope it doesn't come to that.