Ex refuses to sign QDRO

In Maryland what happens if an ex-spouse refuses to sign a QDRO from 14 year old Divorce. Can the courts just sign it and do you recommend keeping the Signature line on the QDRO if it is not signed?

A QDRO is an order issued by a state court under state domestic relations law (a “domestic relations order”) that a retirement plan determines to be qualified. There is no signature requirement for the determination that a DRO is qualified. Whether or not signatures of parties is required is a matter of the state law and court rules regarding issuance of domestic relations orders. Whether or not a state court will issue a domestic relations order 14 years after the divorce is also a matter of state law. You correctly asked your question with respect to Maryland law. Maryland law is a mystery to me. As a matter of dealing with plans, leaving blank lines and spaces, whether or not superfluous, should be avoided because it may simply raise questions by the plan. Plans like certainty and regularity, and are easily spooked.

In Maryland it is not required that the parties sign or approve a QDRO.  It is customary, but only as a courtesy.  If a party refuses to initial each page and sign the QDRO we submit the QDRO with the word "Declined" written everywhere where the uncooperative party's initial or signature should be, and we file a Motion for Entry of Retirement Benefit Order. See attached.

The Motion, attached, cites Maryland law classifying a QDRO as an tool for enforcing another Court Order, the Judgment of Absolute Divorce, very much like a wage garnishment or an attachement or property, neither of which require advance approval by the debtor, and it also points out the Department of Labor pamphlet at

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

where Question 1.2, 6th paragraph on page 5, says,

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

See also https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/faqs/qdro-overview.pdf

I have literally never seen the Court refuse to enter a QDRO under these circumstances.  If necessary, I have been available to testify as an expert witness at the time of the hearing on the Motion.  

DSG

Motion for Entry of QDRO 05-16-2021 (2).docx

13 hours ago, fmsinc said:

In Maryland it is not required that the parties sign or approve a QDRO.  It is customary, but only as a courtesy.  If a party refuses to initial each page and sign the QDRO we submit the QDRO with the word "Declined" written everywhere where the uncooperative party's initial or signature should be, and we file a Motion for Entry of Retirement Benefit Order. See attached.

The Motion, attached, cites Maryland law classifying a QDRO as an tool for enforcing another Court Order, the Judgment of Absolute Divorce, very much like a wage garnishment or an attachement or property, neither of which require advance approval by the debtor, and it also points out the Department of Labor pamphlet at

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

where Question 1.2, 6th paragraph on page 5, says,

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

See also https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/faqs/qdro-overview.pdf

I have literally never seen the Court refuse to enter a QDRO under these circumstances.  If necessary, I have been available to testify as an expert witness at the time of the hearing on the Motion.  

DSG

Motion for Entry of QDRO 05-16-2021 (2).docx 28.68 kB · 1 download

Dear Mr. Goldberg,
Thank you so much for responding to my message. I am trying to file a Pension order that was prepared by an Attoney, but who is not responsible for submitting the orders to the Court. I have served my ex-spouse with the Order, but I have not heard back in over 3 months. How should I go about filing these orders with the Court in Prince Georges County Circuit Court? I really appreciate your help

Thanks,

Jack