Marylander needs Help

[Brad Steven]

I was Divorced in 2005 and was awarded 50% of my husband's Pension and 401k Plan. I am now working on a Domestic Relations Order for his private pension and a QDRO for his 401k Plan. I reside in Maryland and I would like to know if there is a statue of limitation to filing this QDRO in Maryland. 

Also, I was awarded alimony of $3700 a month for 25 months, first as mortage payments and then directly to me. Never received the Alimony and the house foreclosed.

The alimony would have ended in 2007, Is there anyway I still have a Judgment issued for Alimony Arrears even though it's been past 12 years. I was gravely ill physically and mentally during that time period; I have medication documentation. Is that a waiver for statue of limitation?

[EPCRSGuru]

I am sure your family law attorney can answer these questions or refer you to someone who can.

[fmsinc]

Nobody on this blog can give you any meaningful assistance with respect to the pension and 401(k) plan without reading every word of the Judgment of Absolute Divorce and the Marital Settlement Agreement if any.  We would also need to know the exact names of the plans involved. There are approximately 175,000 pension and retirement plans in the US and they do not all work the same way. 

Additional information would include you age and your former husbands age, whether or not he retired and when, whether either of you remarried and when, and a host of other details.  It is highly unlikely that you would be able to prepare a QDRO that complies with Marland law and with Federal laws governing you specific plan.  

There is no statute of limitations in Maryland for the preparation of QDROs, but there other problems that will cause you to lose benefits that you were entitled to receive. See my attached Memo.  

As far as alimony is concerned the 12 year statute of limitation begins to run with respect to each payment when it became due.  So you could not sue for any payment that became due and payable prior to June, 2012.  On the other hand, the statute of limitations is what we call an "affirmative defense".  It you sue your ex for the full amount due, and if he defaults (doesn't answer your Complaint) or if he answers the Complaint and doesn't plead the statute of limitations as a defense, then maybe you can collect.  $92,000 is a lot of money.  Add prejudgment interest at the 10% judgment rate would more than double the amount due.   See the attached Memo 

If you want to talk call me at 301-947-0500. 

DSG 

 

CONSEQUENCES OF DELAY 04-15-24.pdf Pre - Judgment Interest - CS and more.pdf