What to Do if Court Refuses to Sign QDRO

I submitted a QDRO to a Court in Maryland for my Client to receive her portion of Pension benefits as outlined in her JAD. However, her ex-husband has not been cooperating in signing the order, so we decided to file a "Motion to Expedite" entry of QDRO, but the Judge denied the motion.

What should be done in MD when a Judge denies a QDRO. I'm a bit concerned that the Judge thinks the Statue of Limitation has run because this Divorce case took place 18 years old. However, Potts v. Potts ruled there is no statue of limitation as QDRO

Just looking for some help. All advice appreciated.

Just curious, has a draft DRO been sent to the plan(s) so the Plan Administrator can review it?  (Hint: it's advisable.)

6 minutes ago, david rigby said:

Just curious, has a draft DRO been sent to the plan(s) so the Plan Administrator can review it?  (Hint: it's advisable.)

Yes the plans have already pre approved it

In James v. James (Unreported), Nos. 0609, 2624, September Term, 2018 (2019) that you can find at -
https://scholar.google.com/scholar_case?case=1652503325851670403&hl=en&lr=lang_en&as_sdt=20006&as_vis=1&oi=scholaralrt&hist=bY5nDLcAAAAJ:14880692104701005079:AAGBfm2qi1_JaXLJvydb4f3quYTnTlLkbA
the CSA cited Potts v. Potts, 142 Md. App. 448, 790 A.2d 703 (2002) as follows:

        "When a QDRO is used subsequent to a judgment to allocate property under Md. Fam. Law Code Ann. § 8-205, it is considered collateral to the judgment. Id. at 460-61. "In light of the current practice of often presenting QDROs months, sometimes even years, after a marriage has ended . . . if one party drags his or her feet, the other party will be unable to appeal other issues contained in the judgment for absolute divorce." Potts, 142 Md. App. at 461.  We also stated, "[w]e have found no case, statute, or rule in Maryland or elsewhere that requires a QDRO to be filed within a specific time frame after a judgment of absolute divorce has been entered." Id. at 461."  (Emphasis supplied.) 

And read Rohrbeck v. Rohrbeck, 318 Md. 28, 566 A.2d 767 (1989), where the Court of Appeals recognized the use of appropriate pension orders as an enforcement tool (not unlike an attachment or a garnishment.) The Court held that, ". . . we therefore expressly recognize the ability of a party otherwise entitled to a QDRO to obtain one as an aid to enforcing a previously entered judgment." Id. at 43, 566 A.2d 767. 

So there is no statute of limitation with respect to the filing of QDRO to collect pension or retirement benefits, however there are many problems that can occur during the delay.  See attached Memo. 

And if you are planning on using a QDRO to collect alimony or child support arrears you will have a statute of limitations with respect to each payment when it becomes due and payable.

DSG  
 

CONSEQUENCES OF DELAY 04-15-24.pdf

5 hours ago, fmsinc said:

In James v. James (Unreported), Nos. 0609, 2624, September Term, 2018 (2019) that you can find at -
https://scholar.google.com/scholar_case?case=1652503325851670403&hl=en&lr=lang_en&as_sdt=20006&as_vis=1&oi=scholaralrt&hist=bY5nDLcAAAAJ:14880692104701005079:AAGBfm2qi1_JaXLJvydb4f3quYTnTlLkbA
the CSA cited Potts v. Potts, 142 Md. App. 448, 790 A.2d 703 (2002) as follows:

        "When a QDRO is used subsequent to a judgment to allocate property under Md. Fam. Law Code Ann. § 8-205, it is considered collateral to the judgment. Id. at 460-61. "In light of the current practice of often presenting QDROs months, sometimes even years, after a marriage has ended . . . if one party drags his or her feet, the other party will be unable to appeal other issues contained in the judgment for absolute divorce." Potts, 142 Md. App. at 461.  We also stated, "[w]e have found no case, statute, or rule in Maryland or elsewhere that requires a QDRO to be filed within a specific time frame after a judgment of absolute divorce has been entered." Id. at 461."  (Emphasis supplied.) 

And read Rohrbeck v. Rohrbeck, 318 Md. 28, 566 A.2d 767 (1989), where the Court of Appeals recognized the use of appropriate pension orders as an enforcement tool (not unlike an attachment or a garnishment.) The Court held that, ". . . we therefore expressly recognize the ability of a party otherwise entitled to a QDRO to obtain one as an aid to enforcing a previously entered judgment." Id. at 43, 566 A.2d 767. 

So there is no statute of limitation with respect to the filing of QDRO to collect pension or retirement benefits, however there are many problems that can occur during the delay.  See attached Memo. 

And if you are planning on using a QDRO to collect alimony or child support arrears you will have a statute of limitations with respect to each payment when it becomes due and payable.

DSG  
 

CONSEQUENCES OF DELAY 04-15-24.pdf 156.18 kB · 0 downloads

What can be done if the circuit court refuses to sign the QDRO?

Others have provided you with case law that supports your position. If the judge fails to honor MD law, your remedy might be to take an appeal. Since the ex-spouse is being recalcitrant, you might consider a motion to compel the ex-spouse to sign the QDRO.

Both of these approaches seem more about MD civil law and procedure -- not seeing that benefits practitioners are qualified to help with that.