Legal Question in Family Law in Maryland
ex-husband pension
I was married for 28yrs. In my divorce court order it states ''All pensions, 401k's, retirement benefits of any sort presently in the name of Robert D.-(or under his control) shall be divided pro rata as of the date of the signing of this Order and the Defendant/counter-Plaintiff shall be awarded fifty percent (50% of said pension.) A Qualified Domestic Relations Order at the appropriate time may be drafted.'' I have been trying to find the money. I wrote to the three Companies that he worked for during these yrs. Only one reply stating IF there was any money it was already taken. One Co. folded up (Koppers Co). and no reply from the 3rd Co The one he worked the longest for. So, I went back to the Lawyer who handed the divorce and had him send a letter to my ex-husband asking for records of the accounts. My ex-husband informed me that their is no money. I can not afford a law @ $200.00 a hour. It cost me $120.00 just to have the letter sent to my ex-husband. How can I find the money on my own. And If and when I do can I have an QDR done at that time and the 401k transfered to an account/401k in my name. What and how is the 1st step I need to do to start. I am 52 yrs old and still single. My ex is 54 yrs old and re-
1 Answer from Attorneys
Re: ex-husband pension
A Qualified Domestic Relations Order for each pension plan should have been prepared by your lawyer immediately after the divorce was entered. Those orders would have been prepared to comply with the requirements of each pension plan, then signed by the judge. They then would be filed with the plan administrators so that they would be in place when your ex became eligible to start drawing benefits. The plan administrators would have been required to honor those orders, by dividing his pension payment into two parts and sending one to you.
It seems that this was never done in your case, so that when the benefits became payable, they went directly to your ex. If benefits are no longer being paid, the only way you can recover is to bring your ex back into court on a contempt petition and ask the court to order him to pay you half of the retirement benefits he received from these various plans. If you think he's still receiving benefits from the 3rd company, you should have a QDRO prepared, signed and filed with this company as soon as possible.
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