QDRO

[Worried]

Get a Good Attorney right?

 

[fmsinc]

I have a QDRO that has been submitted to Plan Administrator and was approved as a good QDRO and mailed back to my Attorney as well as the defense in April of 2016. It needed the signature of the Judge and while it was held by the Defense attorney stating he thought it had a lot of errors in it and needed some questions answered. WHY WAS THE QDRO NOT SUBMITTED TO THE JUDGE FOR THE PAST 3 YEARS? 

I have over the 3 years with proof of it, asked for this QDRO to be signed. SIGNED BY WHO?

Court ordered in August 2018, for it to be signed. SIGNED BY WHO?  and we had 60 days. Now that I sent a letter last week to my Union asking AGAIN about the 18 month rule and that I wanted this rule to be explained and then acted YOU DON'T NEED TO WORRY ABOUT THIS RULE.  WHEN THE PLAN ADMINISTRATOR GETS A CERTIFIED COPY OF THE QDRO SIGNED BY THE JUDGE IT WILL ACT ON IT PROMPTLY.  on as I am financially not able to hire any more attorneys to fight the defense but found that maybe the DOL THE DOL DOES NOT HELP IN THIS SORT OF SITUATION.  YOU NEED TO HAVE THE QDRO SIGNED BY THE COURT AND A CERTIFIED COPY SENT TO THE PLAN ADMINISTRATOR.  THAT'S IT. could help and if that would help to get this QDRO released and pay us. NOW, a new QDRO was submitted SUBMITTED TO WHO? August 20, 2019 and approved APPROVED BY WHO? but I asked for only a date change not a new QDRO which states exactly word for word the same thing as the QDRO that has already been approved by the plan administrator.  YOU NEED TO GET THE QDRO SIGNED BY THE COURT.  WHO PREPARED THE QDRO FOR YOU?  DID YOU HAVE AN ATTORNEY? 

This is a 401(a) Money Purchase Plan. IN MOST JURISDICTIONS A QDRO IS MERELY AN ENFORCEMENT TOOL TO FACILITATE THE COURT'S AWARD OF PENSION OR RETIREMENT BENEFITS FROM ONE PARTY TO THE OTHER.  IT DOES NOT HAVE TO BE SIGNED BY THE PARTIES.  THE JUDGE CAN SIGN IT IN THE SAME WAY THAT IT WOULD SIGN A GARNISHMENT OR ATTACHMENT ORDER.   

[Worried]

Well the defense Attorney had questions

[fmsinc]

I fear that your situation is simply too complicated to give you advice in this sort of forum.  You need to find an attorney in your jurisdiction who deals with these matters.  I know you are trying hard to explain what has happened, but in order to advise you an attorney would have to  know the laws and procedures of your state and county, the history of the case, and review all of the documents in the file and correspondence. 

If you tell me the state and county in which the the case if pending, maybe somebody on this blog can recommend someone to you.  Sorry I cannot be more helpful.   

[Worried]

Thank you

[fmsinc]

One of the leading experts in QDRO matters, Marshal Willick, practices in Las Vegas.  Maybe he will take a look at your case without charging you.  You can find him at https://www.willicklawgroup.com/marshal-s-willick-esq/

Mention my name. 

The following may help.  I am attaching a Memo I prepared for the Bar in Maryland that confirms the proposition that it is not necessary for both parties to consent to the entry of a QDRO.  One of the documents I reference is a Department of Labor pamphlet dealing with QDROs where it states at Question 1.2, 6th paragraph on page 5:

        "There is no requirement that both parties to a marital proceeding sign or otherwise endorse or approve an order."

[ERISA §§ 206(d)(3)(B)(ii), 514(a), 514(b)(7); IRC § 414(p)(1)(B)]

The law in Nevada may be the same,.  See  Mack v. Estate of Mack, that you can find at -

https://scholar.google.com/scholar_case?case=2457338442981582706&q=must+both+parties+sign+qdro&hl=en&as_sdt=4,29

where in 2009 the Supreme Court of Nevada approved an oral QDRO which obviously was not and could not have been signed by the parties.  In fact, The language of the Court was:  

" The district court issued a valid QDRO during Charla's lifetime. In the January 9 hearing, Judge Weller stated that within 48 hours, "a QDRO will be executed which will transfer to Mrs. Mack the sum of five hundred thousand dollars with any appreciation that is distributed to that five hundred thousand dollars and more or less equal installments over a period of five years." Here, the court issued a QDRO, because Judge Weller's oral order created a recognized existence in Charla, the right to receive a portion of Darren's ERISA pension plan. See id. § 1056(d)(3)(B)(i)(I). Because the district court issued a DRO, which was qualified, and it recognized Charla as an alternate payee with the right to receive a $500,000 payment from Darren's ERISA pension plan, we conclude that the QDRO was valid and affirm the order of the district court."

So if the impediment in your case is the need to have the QDRO signed by both parties, the foregoing should be evidence that it is not necessary. 

Once again, the purpose of the QDRO is to IMPLEMENT the written Agreement of the parties, or, if they parties did not agree, the Order of the Court allocating pension and retirement benefits must likely issued in the Judgment of Divorce. 

Good luck  

David

QDROs by DOL.pdf DSG Memo - SIGNATURE OF BOTH PARTIES ON QDRO.pdf

[Worried]

Yes

 

Thank you again so much.