Legal Question in Family Law in Iowa
qdro dilemma
My father was divorced in 1990. His ex-spouse failed to file a qdro with his pension plan administrator. He was remarried in 94 and she remarried in 97. He has been retired and drawing pension benefits since 2002. His benefit amount is barely enough for him and his disabled wife to live on. The ex-wife is trying to file a qdro now after 16 years since the divorce decree. His plan falls under erisa private co. guidelines. She is trying to get the 50% in the decree and all the back payments from 2002. I have found no statute of limitations (federal or state)but i hear this is a common issue among attorneys not filing qdro in a timely manner.Questions:1. can she get back payments? 2.does he have a chance of not paying these benefits out at all? 3.can they force him to pay original 50% even though this would cause him to lose his health insurance and his home and basically his livelyhood? I could use all the advice i can get, due to he cant afford to retain counsel. Thank you
1 Answer from Attorneys
Re: qdro dilemma
I am not real familiar with that area of law, although chapter 614 of the code suggests that there is no statute of limitations on an action to recover a marital asset, as a pension sometimes is.
The key question would be what was the state of the law in 1990 when the decree was issued.
I suggest you consult an attorney on this issue at your earliest convenience.
6. Judgments of courts of record. Those founded on a judgment of
a court of record, whether of this or of any other of the United
States, or of the federal courts of the United States, within twenty
years, except that a time period limitation shall not apply to an
action to recover a judgment for child support, spousal support, or a
judgment of distribution of marital assets.
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