Ex husband won’t sign qdro.

[RM123]

I had to file a rule to show cause to get my ex husband to sign the first of 2 Qdro’s. He is on record with the courts (Delaware) saying he will sign the second Qdro, however he is refusing to sign it. 

Am I correct in thinking he is in contempt of court?

Do I have to file a second rule to show cause or can I file the final Qdro with my signature and note he refused to sign. 

The divorce is final and the stipulation resolving ancillary matters filed. 

Thank you. 

[QDROphile]

Your questions all relate to state/local law and procedures and require evaluation by someone, probably a lawyer, knowledgeable about Delaware domestic relations law and court procedures.

The federal law that is relevant to the retirement plan(s) requires that the order be an order under state domestic relations law.  The federal law does not address matters such as signatures of the parties to the domestic relations proceeding. What is required for the order to be issued under state law depends entirely on state law.  

[fmsinc]

In many states a QDRO is an enforcement tool, like a garnishment or attachment.  In Maryland see the case of Rohrbeck v. Rohrbeck, https://scholar.google.com/scholar_case?case=6821439692749566017&q=rohrbeck&hl=en&lr=lang_en&as_sdt=4,21&as_vis=1

So in Maryland there is no need for the Participant to sign the QDRO.   I cannot find any Delaware law on the subject, but even if Delaware law requires the QDRO to be signed by both parties, the Court has to power to hold the reluctant party in contempt and incarcerate him or  to fine him $X a day until he signs the QDRO.  I have have seen cases where the court can appoint a trustee to sign for an on behalf of the reluctant party.  

David

[Chani Atreides]

Under Federal law, and according to the DOL “manual”, there is no requirement that the parties sign the order.

See answer to Q1-2 on page 5 in the DOL guidance linked below: 

https://www.dol.gov/sites/default/files/ebsa/about-ebsa/our-activities/resource-center/publications/qdros.pdf

Sometimes if a judge or magistrate is made aware of the above, they will issue the order without the Participant’s signature.