My question involves a marriage in the state of:Texas
I am posting this for a friend of mine and thank you in advance for any advice. My friend was married in the early 1980's in California. Husband and wife worked for a company that transferred them to San Antonio. In 1998 they filed for divorce in Texas, San Antonio. In her final divorce paperwork she was awarded $15k of his 401k retirement and was given a check. She believed that everything was final, he paid child support for the two children until they became of age as agreed.
9 months ago she received a phone call from her ex-husband telling her that he may need her signature on some documents. He was not specific about what it was. She asked me to help her figure it out. I asked her to see the final divorce documents. The final documents, as it turned out, no only gave her $15k of the 401 but she was also supposed to receive 50% of his company pension plan, valued on the final divorce date. I don't know how she overlooked this but she did. He accrued in that pension plan from about 1989 until his company closed in 2005. She has no idea how much the plan was worth in 1998 and I would believe that since the money has been in this plan all of these years that there might be some interest involved.
She also had a document she called a "quadro" which I know nothing about. I believe it is a Qualified Domestic Relations Order or something like that. It states the award of 50% of the pension and I believe a copy of it must have gone to the company. It seems that he reached an age at which he can begin to draw money from the account but the company sent him something in mail stating that she needed to sign off.
She has contacted the company but they seem to be giving her the run-around. I told her to FAX her final divorce paperwork along with a copy of the QDRO to them and she did. Now they are telling her that the QDRO paperwork is old and no longer meets the requirements for that type of document. They told her that she had to fill out a new one and get it signed by a judge and recorded. She no longer lives in Texas and is now in Colorado.
She has very limited means and we are wondering if any of this makes sense. Should she seek legal assistance in Colorado or will she have to go back to the jurisdiction in Texas? I would think that since they have acknowledged that he can't start taken money out of the account without her sign-off that the are acknowledging that they have the court order. Regardless of the age of the order it is pretty clear that the judge ordered that she receive 50%.
Any advice?
I am posting this for a friend of mine and thank you in advance for any advice. My friend was married in the early 1980's in California. Husband and wife worked for a company that transferred them to San Antonio. In 1998 they filed for divorce in Texas, San Antonio. In her final divorce paperwork she was awarded $15k of his 401k retirement and was given a check. She believed that everything was final, he paid child support for the two children until they became of age as agreed.
9 months ago she received a phone call from her ex-husband telling her that he may need her signature on some documents. He was not specific about what it was. She asked me to help her figure it out. I asked her to see the final divorce documents. The final documents, as it turned out, no only gave her $15k of the 401 but she was also supposed to receive 50% of his company pension plan, valued on the final divorce date. I don't know how she overlooked this but she did. He accrued in that pension plan from about 1989 until his company closed in 2005. She has no idea how much the plan was worth in 1998 and I would believe that since the money has been in this plan all of these years that there might be some interest involved.
She also had a document she called a "quadro" which I know nothing about. I believe it is a Qualified Domestic Relations Order or something like that. It states the award of 50% of the pension and I believe a copy of it must have gone to the company. It seems that he reached an age at which he can begin to draw money from the account but the company sent him something in mail stating that she needed to sign off.
She has contacted the company but they seem to be giving her the run-around. I told her to FAX her final divorce paperwork along with a copy of the QDRO to them and she did. Now they are telling her that the QDRO paperwork is old and no longer meets the requirements for that type of document. They told her that she had to fill out a new one and get it signed by a judge and recorded. She no longer lives in Texas and is now in Colorado.
She has very limited means and we are wondering if any of this makes sense. Should she seek legal assistance in Colorado or will she have to go back to the jurisdiction in Texas? I would think that since they have acknowledged that he can't start taken money out of the account without her sign-off that the are acknowledging that they have the court order. Regardless of the age of the order it is pretty clear that the judge ordered that she receive 50%.
Any advice?
Enforcement of Judgments: Can't Seem to Collect My Half of Pension
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