Is there a Statue of Limitations on filing a QDRO

Discussion in 'Divorce, Separation, Annulment' started by Angelia1234, Jun 28, 2003.

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  1. Angelia1234

    Angelia1234 Law Topic Starter New Member

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    State of Divorce: California

    Over 8 years ago I signed a Stipulated Judgement with the court to settle our divorce, regarding his rights to my pension.

    The court ordered my ex husband to file a QDRO against my pension to obtain the benefit.

    It is now the end of June 2003 and nothing has been filed with the court since the Stipulated Judgement was signed and filed with the court.

    Is there a Statue of Limitations for filing a QDRO against one's pension? If so, is it set by the State, Federal Government, or the company the pension was earned from?

    If there is a Statue of Limitations, has it expired for filing a QDRO against my pension?

    Thank you for any information regarding this post.

    Angelia
     
  2. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    I don't know the answer to this specific question but I would look at the order to see if there is a time limit specified. The statute of limitations may not be applicable because it is a length of time set by statute to ensure that a case does not get "stale" and that it is prosecuted in a timely fashion. Memories fade over time and the benefit of the prosecution might be lost from unreasonable delays (there are exceptions that may "toll" the statute.) Whether or not this is a "debt to be collected" that is subject to such a statute is not likely in my opinion. It's a good question but the longer he waits the better it is for you...
     
  3. Angelia1234

    Angelia1234 Law Topic Starter New Member

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    QDRO statute of limitations

    TheLawProfessor,

    Thank you for your response to my 'post'. I appreciate your taking the time to read it and respond.

    I did make a goof in my 'post' :eek: . It actually has been over 11 years since the judgment was filed with the court.

    There is no time limit specified, and the judgment has not been 'extended'.

    Additionally I forgot to include that a 'joinder of notification' had been sent to my employer about 2 years after the judgment was filed.

    Based upon this action it appeared that he was going to file a QDRO, but never has.

    My employer has sent me a letter saying that the 'joinder of notification' was removed from my record because no documentation (QDRO) had been received in 5 years. Clearly propounding a 5 year statute.

    I called them, and now they are saying that this requires more research by the legal department, a tad confusing, for sure.

    I am awaiting their response to my application.

    Again, thanks for the response to my 'post'.

    Angelia.
     
  4. Angelia1234

    Angelia1234 Law Topic Starter New Member

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    CA statutes to consider re QDRO statute of limitations

    CFC 291

    CCCP 683.010

    CCCP 683.020


    http://www.leginfo.ca.gov/calaw.html


    You can make your own conclusions as to how they may or may not be applicable to your situation.
     
    Last edited: Jul 19, 2003
  5. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    Awesome research!
     
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