QDRO Assistance

[Derry Ex]

My Ex-husband and i were divorced 3 years ago. I completed the QDRO paperwork, paid for the processing and received a response back from the administrator stating there were no funds in the account. Any suggestions on what or how to proceed collecting from my Ex the funds that were in the decree? FYI, my attorney took another job and doesn't return my calls so I'm really in limbo at this point. 

[jpod]

You definitely need a lawyer.  Before he "took another job" was your attorney with a firm that still exists?  If so, contact that firm.  If there is no such firm, or if there is such a firm but it also is unresponsive, hire another lawyer.  You can worry about any recourse you might have against your old attorney and/or his or her prior firm later, but keep records of all your attempts to contact your prior attorney and/or the firm and how long you waited before contacting a new lawyer.  With all that said, there are things that are not perfectly clear from your message which your lawyer (new or old) will certainly want to know:  (1) Is there in fact a QDRO that was approved by a Court?  (It's not clear what you mean by "QDRO paperwork.")  (2) If there was a QDRO, are you saying that somehow your ex managed to get all of his money out of the plan before you filed the QDRO with the plan?  (3) What does your divorce decree/separation agreement say about your ex's interest in this plan? (4) What documentation do you have showing what was in your ex's account at the plan at the time of the divorce?  Good luck.     

[Derry Ex]

Thank you for your response. I have emailed my old attorney several times requesting a copy of my file and have yet to receive it. At the time of my divorce she was on her own "Amy Tomlinson Law". With very "vague" communication from her since, my assumption is that she is now with a firm. There were funds in the account during our divorce, however he cleaned out the account after submitting all the paperwork to the courts showing balance in the account. I'm so elementary to this process and terminology so i guess my best bet is to hire another attorney. Thanks again.

[jpod]

I hope that the share of the plan you were to be awarded is enough to justify the expense of hiring an attorney and that your ex has assets to satisfy any claim you have against him.     

[QDROphile]

The story about the former spouse stripping the retirement account after the disclosure of assets and before the presentation of the domestic relations order to the plan makes this a state law domestic relations matter and not a QDRO matter.  The relevant question has been asked:  How much would you have received but for the improper behavior?  That has to be answered in the context of state domestic relations law, too.  Specifically, what would a court award as a remedy for correcting the misbehavior the frustrated the order of the court?  Would it be only the amount that should have been transferred absent the trick, or would it include more because of the expense of the follow-up efforts to enforce the intended order (e.g. the lawyer's fees)?  The collectibility of whatever is awarded must also be considered -- the plan is out of the picture now.

You need legal counsel to help you evaluate your prospects as well as pursue your rights under the divorce order.

[ERISAAPPLE]

If the plan was on notice of the pending QDRO and made the distribution anyway, you might have a chance to go after the plan.  Your fact pattern suggests though that the first time the plan received any notice was after the distribution.  Even if the plan had received prior notice, that would still be a tough row to hoe.   You would need to know the plan's QDRO procedures, specifically its procedures on hold periods.   Otherwise, the plan is out of it and you need to look to family law state court.  

[david rigby]

3 hours ago, QDROphile said:

... the plan is out of the picture now.

QDROphile gives good advice.  However, just in case it has not be explored, don't overlook the possibility of more than one plan.  He could have been covered under multiple plans of the same employer; especially look into this if your ex-husband had more than one employer during your marriage.