Legal Question in Family Law in Massachusetts
Executing qdro
In 2000, my divorce was finalized in court. My spouse was awarded '$X or Y%' of my 401K value on that date. As instructed by my attorney, I sent a copy of the divorce agreement and a signed Release of Information QDRO form to my benefits department. My spouse is now claiming that he and his attorney have contacted my company and cannot get this money out. He is demanding that I get him 'his' money (and in turn will not pay his portion of our children's medical expenses). I thought that it was his responsibility to withdraw/rollover this $, as he has a court-awarded order and I don't have any idea what he his plans are for the money. Are there actions that I should be taking to facilitate this? In reality I think that he doesn't have the money to pay an attorney to execute the QDRO. He is trying to get me to do the work. In the meantime, there is a 'hold activity' on my 401K because of the QDRO. Any advice is appreciated.
2 Answers from Attorneys
Re: Executing qdro
Sounds like something is missing. Usually the company holding the pension, receives a QDRO executed by the judge. If you have done everything that should have been done, you may want to contact either your prior counsel, or the pension company and find out what is the problem, and ask your ex for any correspondence to/from; As far a medical bills, there is no offeset, and failure to pay can force you to file for a contempt action against your ex.
Re: Executing qdro
A qdro is a "qualified domestic relations order," which means it is signed by the judge hearing your case. A blank form sent to the employer is not a qdro, even if it is accompanied by a copy of the court's award of a share of the 401(k). It does put the company on notice of the judgment, which is why there is a hold on the funds. If the two of you can agree to divide the funds and trust each other to do so, you should be able to work something out. If not, you or your previous lawyer will have to submit a qdro to the judge with a motion to approve it "nunc pro tunc" (now for then, i.e., retroactive), or you or another lawyer can do so.
If both of you are not retiring or if he has left the company and is rolling over the 401(k), neither of you can "take out" the money without a serious penalty and taxes, except in certain circumstances.
You should bring all the paperwork to a lawyer for a more complete answer and advice on how to proceed.
Some employers, especially the US Post Office, have strange ways and requirements unique to them.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
