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divorce and 401k

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georgenia

Junior Member
What is the name of your state? hawaii
here is a letter i sent to thrift savings plan can anyone help me to expedite this order. thanks

Re: Thrift Savings Plan
(Hickam Air Force Base)
On August 16,2007, I faxed papers from the Honolulu Circuit Court, Letting your company know of a divorce between Philip A. Lum and myself Georgenia Tyler Lum,now known as Georgenia Paleen Tyler. I faxed your company papers of the final divorce decree, with the judges stamp ordering that theThrift savings plan balance, accumulated after Feb. 29,1992, would be divided. I was told that the process would take fifteen to twenty business days .I have waited twenty four business days and have received nothing. I called to inquire as to the status of the court order I was told I would be receiving documents to sign instructing you where to deposit my fifty percent of the proceeds in compliance with the court order. I would hope this matter is taken care of in a timely manner. . Sincerely
Georgenia P Tyler
 


Silverplum

Senior Member
Your X doesn't get paid from Hickam AFB, he gets paid from DFAS. You'll need to contact DFAS to expedite this. (Defense Finance and Accounting Services).

Furthermore, I'm not even sure that DFAS must comply with a letter from an X, even accompanied by a copy of a court order. Didn't you have an attorney?? Why didn't your attorney take care of this? Who "told" you that it would take a couple of weeks for the FEDS to change a pay system disbursement? The Feds, God love 'em, don't do anything in a couple of weeks.

What is the name of your state? hawaii
here is a letter i sent to thrift savings plan can anyone help me to expedite this order. thanks

Re: Thrift Savings Plan
(Hickam Air Force Base)
On August 16,2007, I faxed papers from the Honolulu Circuit Court, Letting your company know of a divorce between Philip A. Lum and myself Georgenia Tyler Lum,now known as Georgenia Paleen Tyler. I faxed your company papers of the final divorce decree, with the judges stamp ordering that theThrift savings plan balance, accumulated after Feb. 29,1992, would be divided. I was told that the process would take fifteen to twenty business days .I have waited twenty four business days and have received nothing. I called to inquire as to the status of the court order I was told I would be receiving documents to sign instructing you where to deposit my fifty percent of the proceeds in compliance with the court order. I would hope this matter is taken care of in a timely manner. . Sincerely
Georgenia P Tyler
 

georgenia

Junior Member
upon calling today to inquire why I have heard no response from the letter I sent on the day of 09-16-07 thrift savings plan has informed my that they needed my
ss# for this transaction but have already left my behind by one month. I am now a single woman left with no money to pay my living expenses and therefor having no money and that I am basically trapped in the home that we have and is now for sale but that doesn't help at all. I don't know how I am suppose to make it another 30 days or so while tsp drags there heals and for them to not contact myself or my ex husband concerning this mater is beyond me. please help with any advise or links witch may help.
 

Ohiogal

Queen Bee
upon calling today to inquire why I have heard no response from the letter I sent on the day of 09-16-07 thrift savings plan has informed my that they needed my
ss# for this transaction but have already left my behind by one month. I am now a single woman left with no money to pay my living expenses and therefor having no money and that I am basically trapped in the home that we have and is now for sale but that doesn't help at all. I don't know how I am suppose to make it another 30 days or so while tsp drags there heals and for them to not contact myself or my ex husband concerning this mater is beyond me. please help with any advise or links witch may help.
If this is supposed to be distributed by way of a QDRO that is a process which is governed by certain rules. your attorney needs to be involved and if the attorney is not sure then you need to hire a company that is specially trained to deal with it. YOUR LETTER IS NOT IT!

And quite frankly as a single woman it is time to get a JOB!
 

Silverplum

Senior Member
upon calling today to inquire why I have heard no response from the letter I sent on the day of 09-16-07 thrift savings plan has informed my that they needed my
ss# for this transaction but have already left my behind by one month. I am now a single woman left with no money to pay my living expenses and therefor having no money and that I am basically trapped in the home that we have and is now for sale but that doesn't help at all. I don't know how I am suppose to make it another 30 days or so while tsp drags there heals and for them to not contact myself or my ex husband concerning this mater is beyond me. please help with any advise or links witch may help.
It's not your X's job to take care of you any more. Why on earth would TSP contact him? You filled out the paperwork incorrectly...that's on you. I honestly don't know what else to tell you -- get your paperwork together, correctly; and file for your portion of his TSP, correctly.

It's not the Feds' job to take care of you, either. They aren't "dragging," they're going thru their process. Do you have ANY IDEA how many people they pay?? Do you have ANY IDEA how many court orders they process? What, are you the only Princess in the free world?
 

georgenia

Junior Member
thank you silverplum for your response. Thrift savings plan had told me on the phone that it would take 15 to 20 business days for them to process the order in witch I would receive a letter in witch I was to fill out how I wanted the sum to be dispersed. I have not received anything and that I have called and am now told I will have to wait another 20 nor 30 days just to get to the next step. the lawyer I used was a state funded attorney and we have no further dealings with there office as our contract was fulfilled. now I am looking for some other help in this matter
 

tranquility

Senior Member
I also think more information is needed as the supremacy clause of the US constitution and the doctorine of federal preemption require state laws to yield to any conflicting federal laws when Congress expressly or impliedly sought federal supremancy. Retirement benefits is one (of many) areas were there is often difficulties. That is why more information would be required to determine the result of any court order here.

When there is a conflict in California (not Hawaii, I know), the courts tend to not like federal preemption and will award other assets to mitigate the effects of mandated preemption.
 

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