I recently found out I had a Qualified Domestic Relations Order against my Savings Plan. I at no time was ever behind in Child Support and according to the Divorce Decree I kept my pension and savings plan and she kept hers. When I filed to have Child Support lowered her attorney filed a QDRO against my savings plan. I don't know who the judge was that signed the order because the company that administers the QDRO would not tell me but let slip who the attorney was. Do I have any legal recourse?
You need to contact the administrators of your plan or the court and demand a copy of the order. They are both obligated to provide it to you. You also need to provide your plan administrator with a copy of the divorce decree that proves your position and request that they halt any further action. The only time that her attorney would have been allowed to get a court order and file it is if it was originally ordered in the divorce decree and you failed to follow through within a reasonable period of time.
It came as a shock to me that it had even been filed. I only found it out after attempting to withdraw money for Christmas presents. I have requested a copy but have been ignored but will try again. My Attorney at the time was not aware of the filing. Thank You for your help and support. PS On another note it seems that in the State of Indiana proper procedures are not always followed. Let me add the reason I say this. I had a temporary restraining order filed against me by my ex. Her Attorney canceled the hearing on it three times. When we were finally in front of the judge he asked for the restraining order to be made permanent and the Judge agreed and that ended that. So much for the hearing. Oh and by the way it accused me of domestic violence which never happened.
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