What do u do if if your pension office says there was a QDRO,and 6 years after the divorice there never was a QDRO filed. My ? is how do i go about showing a court document to the pension office that one was never filed? Jess
you may have to call an attorney. I'm just in the middle of trying to figure out how to file one. I thought it would be easy but it seems more complicated.
I don't see why I'd need an attorney, as on the final decree (simplified,uncontested, one page) the judge HAND Wrote next to #6."the court reserves jurisdiction to modify and enforce this final judgement"..and she (Jugde) wrote: "to set child support & to set a visitation schedule if necessary & to enter a Qualified Domestic Relations Order to divide pensions. All other issues regarding marital assets have been resolved" This was in 2001. Nothing was ever needed to be "ordered". I no longer pay child support as the child is 21. Visitation was never an issure, and we had agreed to keep are own pensions. (although not noted in final decree.) SOOO....if a QDRO was never needed, never entered, isn't it a moot point and shouldn't this be simple to resolve, i.e., the pension people calling the clerk of courts to verify nothing was ever needed? I have called the clerk of courts & been told they are "just record keepers" I called the judges asst., and got no help. It just seems that there should be an easy answer to this..short of hiring an attorney to draw up papers that don't exisit, or are not relavant????
In Florida, simplified and uncontested means that EVERYTHING was resolved. The judge changed that when she made the entry "enter a Qualified Domestic Relations Order to divide pensions. All other issues regarding marital assets have been resolved."
This means that you or your ex need to request that the case be "finalized" in that no QDRO be entered and the decree be modified to state that you keep your own pensions. Otherwise it is still possible for the ex to go back and get it ordered.
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