QDRO paperwork is filed with Ford and process starts, funds set aside during process

[Sharon Gregory]

My ex and I divorced 8 years ago. He never would file QDRO paperwork so I, as alternate payee, could receive my portion of benefit set out by law in divorce decree from Ford directly. Instead he pays me every month for 8 years.  His benefit is reduced when he reaches 62. Finally he begins the process and files paperwork with Ford.  QDRO department tells me my portion is being held aside every month it takes during approval process.  They tell me twice that my funds are there for me.  It's been a year.  Ex stopped paying me when paperwork filed and said my amount was being held aside for me, as QDRO department says.  It finally gets to pension department for the payment and they see employee amount has been reduced since 2019 and it shouldn't have  been and send check to him.  His amount was reduced by virtue of the QDRO process.  Why would pension department change what QDRO department set in motion.  I believe they got dates mixed up.  My amount started accruing for me in Oct 2019 and it's been a year and finally it went through all departments and pension sends MY accrued benefit to my ex...WHAT?  It's like the departments do not talk, but to straighten this out, QDRO needs to communicate with Pension.  Can anyone PLEASE HELP ME???

[david rigby]

Usually, the person who expects the payment (ie, the Alternate Payee) is the one who pushes for completion of the paperwork;  it's in your best interest to do it, or monitor its completion.  However, your attorney should be (or have been) the driving force.  What say he/she?

[Sharon Gregory]

Well, ford would not talk to me about anything because we were divorced.  Yes, I did ask over the years to have it done, but he insisted he'd just pay me or he would eventually take care of it.  Anyway, we had to get the QDRO entered because decree was not what Ford wanted.  I really am just asking about the process as it is in Ford's hands now.  Was told my amount was being set aside for me, assured this from QDRO department, but then when it went to be paid out, pension said oh, no, they've been underpaying Mr. Gregory.  Well, no kidding!  The funds were taken, my percentage, upon filing the appropriate paperwork.  A QDRO by it's very nature reduces employee's amount to go to the alternate payee.  This has all been decided.  How can another department say, Oh, looky at the mistake QDRO made?  Like, what the heck are they doing.  Of course his amount was reduced. That is what the QDRO does.  I lost connection so I don't know if you're going to get all my responses.  They disappeared so reconnected and typed another response.  Please forgive me if you get like three responses

[JM]

Plan has 18 months from the time they get notice of a QDRO to determine if any court order submitted rises to the level of a QDRO (or not).  They "impound" a portion of the partipant's monthly benefit during this 18 month process pending receipt of an acceptable QDRO.  If none is received then they must release the withheld funds to the participant.  Or, if the QDRO is received but fails to instruct the plan to pay the impounded funds to the alternate payee, they will pay all withheld amounts to the participant and the QDRO division for alternate payee applies prospectively only.   It is possible to tally up what you are still owed from your ex in past payments and roll that into the future division.  If he has other funds to use to pay you then that is easiest, but if not you can increase your percentage of the future monthly pension (requires an actuarial valuation) by amended the existing QDRO.  We do this all the time for attorneys in CA.