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Statutes of Limitations on QDROs?


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Plan admin send 3 letters to the defense asking for the pre approved DRO sent back signed and certified so his client could be paid also stated that the was no hold on the account due to ERISA rules so if the Participant filed the paperwork to remove they would have to follow through with that. So they were taking a risk of that. 2019, 2020, 2021. All 3 letters were ignored. Plan admin calls and ask if I wanted to roll the funds out as ERISA rules state they had to return the money back to me. I agree and the money is rolled out on the 7th of Oct. Plan Admin had received the sign DRO from the defense on the 6th of Oct. She returned it and asked for a few changes, nothing big and said it would need to be signed and certified and sent back. Well on the 14th of Oct. nothing had been sent back yet. So she call the defense and explains that the money was returned to the participant. The defense gets the QDRO signed on the 18th of Oct. by a new Judge and sends it back to the plan admin. Not certified? Anyway this Judge was being told that I did this willfully to kept my ex wife from receiving her share. That was so off the wall as well as the contempt charge he gets from the Judge because I willfully took all the funds and thumbed my nose at the court. When I tried to explain I was was shut off. Video court. So I retired on a disability retirement.Chief, Merchant Marine. They had me arrested and put in jail I'm over 72 years old and they beat me shoved me in a car and now I am on medication for fear of jail again. Now the Judge is saying that they will get a warrant of commitment for holding the money from his client, if I don't pay them $132,000. No bondsman. Cash only. I have asked about the statutes and the Judge told me to get a good attorney. Well can't do that as they have frozen all my accounts. Can't even buy a stick of gum, unless I borrow the money. QDRO Masters did the QDRO for the defense. In fact in 2018 he had it made in the Order that his client would be responsible to get the QDRO done and he has had me in court on contempt charges for not doing what the decree stated. He gets the court fee from his client and then the attorney fees out of me so he is making bank here on the both of us. I have tried to explain and now the Judge is stating the approved DRO back in 2016 that was never signed but plan admin pre approved it was done but now she signed the new one in 2021 so that made it a new transaction? Has anyone heard of this before?

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See my bolded comments

Plan admin What is the name of the plan?  There are 175,000 different pension and retirement plans in the USA.  Some are under ERISA relating to private companies. Other plans are under Federal law addressing US Government plans like FERS, CSRS, Military.  Still other are created pursuant to State, County, City and Municipal law.  They are not all the same.  send 3 letters to the defense In discussing pension and retirement issues and QDROS you have a Participant and an Alternate Payee.  It does not matter if the parties are Plaintiffs or Defendants.  asking for the pre approved DRO Pre-approved by whom? sent back Sent back to who?  signed and certified Certified by a Court?  so his client could be paid also stated that the was no hold on the account I assume you are dealing with a defined contribution plan and not a defined benefit plan, but you didn't say?  due to ERISA rules so if the Participant filed the paperwork to remove they would have to follow through with that. So it sounds like the parties are divorced and the Participant - you - planned to terminate your employment and roll over your entire account to an IRA  take a taxable distribution and hide it under a mattress.  And it looks that that is exactly what you did.  So they were taking a risk of that. 2019, 2020, 2021. All 3 letters Letters from whom.   Plan admin calls and ask if I wanted to roll the funds out as ERISA rules state they had to return the money back to me. I agree and the money is rolled out on the 7th of Oct. Plan Admin had received the sign DRO from the defense on the 6th of Oct. She returned it and asked for a few changes, nothing big and said it would need to be signed and certified and sent back. Well on the 14th of Oct. nothing had been sent back yet. So she call the defense and explains that the money was returned to the participant. The defense gets the QDRO signed on the 18th of Oct. by a new Judge and sends it back to the plan admin. Not certified? Anyway this Judge was being told that I did this willfully to kept my ex wife from receiving her share. That was so off the wall as well as the contempt charge he gets from the Judge because I willfully took all the funds and thumbed my nose at the court. The source of the obligation to convey a share to your former spouse did not originate with in the QDRO.  It originated in the Marital Settlement Agreement you signed, if any, or in the Judgement of Divorce.  The QDRO is nothing more than a collection tool, like a garnishment of your wages or an attachment of your property for a debt.  You  owe her the money. Her attorney was negligent in not getting the QDRO prepared, entered by the Court and a certified copy sent to the Plan Administrator. But she can pursue you for her share.     When I tried to explain I was was shut off. Video court. So I retired on a disability retirement.Chief, Merchant Marine. They had me arrested and put in jail I'm over 72 years old and they beat me shoved me in a car and now I am on medication for fear of jail again. Now the Judge is saying that they will get a warrant of commitment for holding the money from his client, if I don't pay them $132,000. No bondsman. Cash only. I have asked about the statutes and the Judge told me to get a good attorney. It looks like in your State they take contempt of court very seriously. Every state is different.  You need to pay her what is due to her. And the judge can put you in jail and make you pay interest on the amount due and make you pay her attorney fees. That will purge the contempt and you will be a free man.   Well can't do that as they have frozen all my accounts. Can't even buy a stick of gum, unless I borrow the money. QDRO Masters did the QDRO for the defense. In fact in 2018 he had it made in the Order that his client would be responsible to get the QDRO done and he has had me in court on contempt charges for not doing what the decree stated. He gets the court fee from his client and then the attorney fees out of me so he is making bank here on the both of us. I have tried to explain and now the Judge is stating the approved DRO back in 2016 that was never signed but plan admin pre approved it was done but now she signed the new one in 2021 so that made it a new transaction? Has anyone heard of this before?  Get a good lawyer.  You're going to need one.  You are the architect of your own problems.    

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......and whether there is a statute of limitations on the entry of a QDRO is a matter of state law.  In Maryland I have prepared QDROs for case where the divorce occurred in the 1990s.  In other states the law is that a  QDRO must be submitted before the 30 day appeal time runs after the entry of the Judgment of Divorce. 

In most states the statute of limitations applied to "debts", but the obligation to transfer assets via a QDRO is deemed to be a "duty".  In some states the statute of limitations with respect to a court order is 12 years.

It sounds to me that she did not get a share of your pension plan and that she only recevied a share of your defined contribution plan.  

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