File enforcement?

How do you file enforcement of Quadro to plan manager with judge?...ex is deceased.  

On 1/1/2020 at 11:58 AM, Qwerty said:

How do you file enforcement of Quadro to plan manager with judge?...ex is deceased.  

Be more specific about what is actually going on.  Has the judge approved QDRO been provided to and accepted by the plan?  What is the problem?  

Approved Quadro by judge and plan admin yrs ago.  Ex died, and plan won't follow order anymore.  Which states I am to receive my money if he dies.  How to enforce, when they refuse to follow.  

34 minutes ago, Qwerty said:

How to enforce, when they refuse to follow.  

Engage an attorney?  BTW, if you seek legal advice, and that person isn't intimately familiar with QDROs, keep looking.

Nobody on this blog can give you any useful information without the FACTS, as follows: 

1.  In what state was the QDRO entered? 

2.  What is the exact name of the Plan?  There are 40,000+ pension plans in the USA and it matters if the Plan is sponsored by a private corporation, or by a State, County or municipality, or by a union, or by a a church, or by the Federal government (FERS, CSRS, FSPS, the Military), or by an International organization.  They all have different requirements and underlying rules. 

3.  Date the divorce was entered?  

4. What was the exact language of the divorce judgment pertaining to survivor annuity benefits? 

5.  Date was the QDRO entered?  

6.  What was the exact language of the QDRO relative to survivor annuity benefits?  

7.  Date the QDRO was approved by the Plan?  

8.  What was the exact language of the Plan in correspondence approving the QDRO as it pertained to survivor annuity benefits?  

9.  Did you husband remarry?  If so, what was the date of remarriage?  

10.  What was the date of your husband's death?  Was it before or after his retirement?  Was it before or after his remarriage?   

11.  What exactly did the Plan say in correspondence rejecting your request for survivor annuity benefits?  

12.  Did you have a lawyer representing you during the divorce?  

It is unlikely that the Plan would refuse to comply with a QDRO they have approved without a good reason. 

For example, if it was a Military Retired Pay Division Order dealing with a Military pension and you did not file at DD-2656-10 "deemed election" within 12 months after the divorce (and your ex husband did not file a DD-2656-1 within that time frame,) you lose the survivor annuity benefits. 

For example, if it was a FERS or CSRS or a Military Plan and you remarried before age 55 and had not been married to your ex-husband for 30 years+, you lose the survivor annuity benefit. 

For example, if your husband remarried and retired before the QDRO was approved, your husband's new wife would receive and survivor annuity and your rights to a survivor annuity would be permanently lost. 

For example, if your husband dies before the QDRO was approved, some plans will permit a post mortem (after death) QDRO to be prepared and enforced, and other plans will not. 

For example, if the QDRO provided for a survivor annuity payable if he dies AFTER his retirement and he dies BEFORE his retirement, then no pre-retirement survivor annuity will be paid because the QDRO didn't provide for it, and no post-retirement retirement annuity will be paid because he died before retirement.    

My guess is that there is a piece of information that you don't realize is important that may have led to your current situation.  Provide more information and we may be able to help and perhaps refer you to an attorney that can help you.  

And by the way, who are you?  The Alternate Payee/Former Spouse, or the attorney for one of the parties?  

DSG

I am ex wife. I am entitled to 50 percent after death also.

Ex signed Quadro and martial agreement for half. Quadro stated he agrees to check the joint survivor box,. Then he didn't. ...and plan hid that fact for 5 years.  Until his death.  If I knew, I would have had him in court asap when he was alive. ..no changes were to be made to judge's order

Qwerty - as the posters said in this chain and the previous chain you started, we really can't help you without seeing the QDRO and knowing facts, and many of those facts you should not share on this board.  Also, this is a very complex topic and no one can simply tell you how to get your QDRO enforced.  It is a legal document and ultimately you will need to hire an attorney, and maybe an actuary, to help you get this resolved.

No one on this board can really help until they see the actual QDRO.  If you let us know what part of PA you are from, we may be able to recommend an attorney in your area who can help.  

Thank you .  A quardo is a legal court, yes, I am a bit surprised that it is so hard to get enforced. 

If a judge ordered this, it should be a simple process of going to court to have it enforced.

I thank you for your comments.

My point is that we, the contributors of this board,  can't honestly asses what happened and therefore we can't really help you until we know more facts. 

We know your opinion is everything is black/white and the court just needs to enforce it.  However, as many of us have pointed out, you may, or may not, have the wrong understanding of what the QDRO was supposed to provide.  Therefore, until we can see the actual wording in the QDRO, it is hard for us to tell you who was right and who was wrong. 

If you are correct, and you are entitled to a benefit under the QDRO,  you should file a formal written request for payment with the Plan Administrator.  This is something that should be a written letter, referencing your benefits under the QDRO.  It would be better if this comes from your attorney.  The letter should ask them to respond in writing.  If they deny your claim, they will need to provide explanation.  If  you are still unsatisfied, you can formally appeal that decision, by providing the basis of your appeal.  If they deny that, your next step is to file suit against the Plan Administrator.  

You may already be beyond the formal request and appeal, but the only way you will get satisfaction is by working with an attorney.