Qdro

[libertygirl]

What is the name of your state (only U.S. law)? Pennsylvania

I was divorced in November of 2004. My lawyer was supposed to file a QDRO. I recently asked for a copy and the law firm won't answer any of my correspondence. It stated in my divorce decree that my lawyer was to file a QDRO and she also charged me for the work that was done on it. My suspicion is that she never filed a QDRO. My question is what happens if she didn't file one?? Will I still be entitled to my ex's pension benefits?? And can I do anything to that law firm if she didn't??

 

[tuffbrk]

Try calling the attorney's office. If you continue to correspond, I'd enncourage you to provide them with a copy of the billing with the cost for the QDRO highlighted. This will provide the firm with a point of reference (your case #, their file #)

As your divorce was 4 years ago, keep in mind that -
1) file may be in archives, stored off-site
2) attn'y may have sub-contracted the QDRO and is awaiting response from another party
3) there may be a cost associated with obtaining a copy

 

[mistoffolees]

What is the name of your state (only U.S. law)? Pennsylvania

I was divorced in November of 2004. My lawyer was supposed to file a QDRO. I recently asked for a copy and the law firm won't answer any of my correspondence. It stated in my divorce decree that my lawyer was to file a QDRO and she also charged me for the work that was done on it. My suspicion is that she never filed a QDRO. My question is what happens if she didn't file one?? Will I still be entitled to my ex's pension benefits?? And can I do anything to that law firm if she didn't??

If they filed the QDRO, you should have gotten a statement from the 401K manager telling you how much you now owned and asking for instructions. Since you didn't get this, it was probably never filed.

If the attorney won't answer your correspondence, I would prepare a certified letter, return receipt requested. Enclose a copy of the statement showing that the work was to have been done and a copy of the decree and ask why it was never filed. Tell them that you expect a phone call within 5 days of receipt of the letter or you will take legal action against them and turn them in to the State Bar for fraudulent billing.

If they don't respond, go to another letter with the documentation and notify the State Bar. But I'm pretty sure they will respond.

Of course, the other possibility is that they DID do it and you misplaced the document. If this had happened, you would be receiving quarterly or annual statements, so it doesn't sound likely, though.

In the end, you should be able to straighten it out, though.