Legal Question in Family Law in Texas
Missing qdro
I was divorced Jan 2, 1990. The document mentiones the QDRO which was settlement on my ex-husband's pension three different times. I would have been able to begin benefits in 1996 when he turned 55. This coincided with our daughter graduating high school and beginning college.
I sought the benefits through Pension Guaranty Benefits Fund which holds it. Finally in 2006, after taking legal action, I discovered that the QDRO itself was never filed. I have the original document which is scratched through etc. BUT neither attorney filed it.
When this became known, my exhusband filed for benefits without me knowing while we had the document in court. I was awarded $151.96/mo for the 14 yrs we were married. I lost all the back pay AND the right to be named as surviving spouse. He is now 66 (I am 55) so I will no longer have any benefits if he dies.
I would like to take action against both attorneys.
1 Answer from Attorneys
Re: Missing qdro
Statute of limitation has probably expired. Sorry.