QDRO & missing funds

[ericsbracer]

What is the name of your state? CA

My wife has had her attorney create to QDRO documents, one for each of the retirement plan and stock ownership plan her Ex had. The documents were sent to his employer for preliminary approval. His employer has informed her that the Stock ownership plan no longer has any funds. It also appears the joinder on the account had lapsed (didn't know they could). She has documents from his employer that clearly state that, at the date of seperation, there were funds in the account.

Does she need to subpoena records from his employer to prove this? Is he still responsible for half (as ordered in the Divorce Decree) even though there are no longer any funds?

Thank you in advance for any help,

Eric

 

[Bali Hai]

What is the name of your state? CA

My wife has had her attorney create to QDRO documents, one for each of the retirement plan and stock ownership plan her Ex had. The documents were sent to his employer for preliminary approval. His employer has informed her that the Stock ownership plan no longer has any funds. It also appears the joinder on the account had lapsed (didn't know they could). She has documents from his employer that clearly state that, at the date of seperation, there were funds in the account.

Does she need to subpoena records from his employer to prove this? Is he still responsible for half (as ordered in the Divorce Decree) even though there are no longer any funds?

Thank you in advance for any help,

Eric

I'm going to be very frank with you. It is NONE OF YOUR BUSINESS!!

 

[nextwife]

Has she established whether the funds were moved, or the investments within the plan failed and now have no value (you know, like an Enron type scenario)?

 

[ericsbracer]

I'm going to be very frank with you. It is NONE OF YOUR BUSINESS!!

Thank you for your frank opinion - your entitled to it.. but for what it's worth, my wife and I have worked together on any and all issues surrounding her divorce; issues like child support, visitation, right along with things like these QDRO's. We work together preparing OSC's and I go with her to court every time to support her while she handles these situations 'in pro per'. I guess you could say by including me and asking for my help, she's made it my business.

 

[ericsbracer]

Has she established whether the funds were moved, or the investments within the plan failed and now have no value (you know, like an Enron type scenario)?

This is what we're trying to find out. So far her ex's employer will only say "there are no funds in the plan" but won't divulge what happened to them. We have proof that there were funds at the time of the dissolution of the marriage.

I guess what we're trying to learn is how can we find out what happened to the funds in the plan, and is he still responsible for the half she was entitled to by order of the divorce decree?

Thank You

 

[LdiJ]

This is what we're trying to find out. So far her ex's employer will only say "there are no funds in the plan" but won't divulge what happened to them. We have proof that there were funds at the time of the dissolution of the marriage.

I guess what we're trying to learn is how can we find out what happened to the funds in the plan, and is he still responsible for the half she was entitled to by order of the divorce decree?

Thank You

She will need to subpeona the records, which will probably require a judge's signature. It looks like she is going to be headed back to court.

 

[nextwife]

This is what we're trying to find out. So far her ex's employer will only say "there are no funds in the plan" but won't divulge what happened to them. We have proof that there were funds at the time of the dissolution of the marriage.

I guess what we're trying to learn is how can we find out what happened to the funds in the plan, and is he still responsible for the half she was entitled to by order of the divorce decree?

Thank You

Before we can know that, we'd need to know what happened to the funds.

If, at divorce, she was entitled to half of X shares of X fund, and X fund tanked altogether, half those shares (say, 600 shares at $0 per share) is still worth zero. His half would also be worth zero, by the way, in that case. Has she looked up the fund(s) that were in his holdings at the time of divorce to see what the share price would be today? Presumably she has a list of the shares held and share price at that time? Most of our retirement plans aren't a fixed dollar value, they are a collection of investments we elected, the value of which is fluid based upon market performance.

However, if funds were MOVED, that is a different scenario altogether.