QDRO-Plan disclosing amount?

[Macmamma]

Does the pension plan have an obligation to provide me with what would be my monthly benefit form my EX's pension while going through the QDRO process? A 50/50 split of my Ex's pension split was a stipulation in divorce settlement ten years ago with the understanding that a QDRO would need to be prepared. Ex is making it very difficult by not signing the prepared QDRO to be submitted to the court. I know there's a lot of different things I could do including getting a lawyer to get this done, but is it worth my time if the amount is minimal ? He was a vested participant the pension plan for 15 years and we were married all of those years.

[CADMT]

No, the plan is only obligated to comply with a court order that divides the pension AND that meets the plan's rules.

There is no way to determine if it is worth your while to pursue this unless you know the value of the pension that you then can assess against your circumstances.

I suggest you get an attorney to pursue this, at least up to the point of discovery the amount involved.

[Macmamma]

A joinder has not been served on the plan. If I filed a joinder, would he have to deal with the hassle of the QDRO on his end when he tries to collect his pension benefits in a few years?

[david rigby]

QDRO!

He does not need to sign the "prepared QDRO". It's an order of the court, not an order of the two parties. BTW, the plan (technically, the Plan Administrator) will prefer to see a draft order.

[Macmamma]

The plan administrator has reviewed the draft order already. They are the ones who told me to get my ex's signature and submit it to the court along with the necessary court forms, and then after the judge signs it to supply them with a comformed copy . Should be easy...right? NOT!!!

[david rigby]

It needs his signature only if the court wants it. The PA cannot tell the court what to do.

[QDROphile]

My extensive comments are on your other post "QDRO -- Ex Won't Sign." You have a proposed form of order that the plan has reviewed. Delete the places for the parties to sign to avoid confusion about signatures, submit the proposed order and ask the court to issue the order. You will have to show the court that you have already been awarded the portion of the pension (by providing a copy of your other domestic relations order or referring to the other domestic relations order if it is in the same court proceeding) -- the QDRO is merely the formality needed to get the plan to implement the assignment of the portion of the pension interest to you. This new post is a distraction that is not getting you anywhere.

However, to answer your question about a joinder (which assumes that you are in California),yes, by serving joinder papers on the plan, the joinder will interfere with the participant's ability to start a pension if the plan treats joinders as joinders are intended to be treated. Because joinders are a legal travesty, the plan may have a few tricks up its sleeve to negate the joinder. In any event, a joinder is only a prelude to submitting a proposed order to the court, having it issued, and then delivering it to the plan. So reread the previous paragraph and quit dilly-dallying.

It is easier than it seems. You have already done most of the work. You just have to get through the request to have the order issued by the court.

[Macmamma]

You're right...I need to quit dilly-dallying, and I will. I will submit the prepared QDRO to the court for only the judges signature and see what happens. Do I need any other forms to go along with it? How long does it usually take to get an answer from the court?

Thanks your all of your advice, guidance and especially for the push.

[QDROphile]

You need to speak to the court clerk about what is necessary to submit for consideration and about the schedule. These matters are affected by local rules and procedures and how busy the court is. I expect that one of the things that will be needed is a notice to your former spouse that the proposed order has been submitted to the court for approval. He is entitled to object and will have some amount of time to respond. Again, how that is handled and how much time involved is a matter of local court rules and procedures. Navigating the last part is a bit intimidating because it seems strange and overwhelming in detail, but usually the court clerks are helpful in guiding you in what you need to do. In California, they have prescribed forms for just about everything, and you do not need the joinder package. You are beyond that stage in the process. Just tell the clerk that you have a proposed QDRO and the plan has reviewed it. I really hate this terminology, but sometimes it is best understood if you say the plan has "pre-approved" the proposed form of order.