Time Limitation Statute for a QDRO

What is the name of your state? California

I am new to this site and did a search for anything regarding a time limit for filing a QDRO. I found a number of post's that were about QDRO's, but did not see any 'cites' of the law referenced.

I signed an MSA at the time of our divorce, which has not caused any disputes. I later was asked to give my ex husband a right to my pension because of his financial situation.

Hence, 12 years ago I signed a judgment giving him rights to my pension, and this was filed with the court. The rights given were only for what is called 'survivor benefits'. This only becomes effective when I croak, without any children I thought that this was a reasonable thing to do.

The only disadvantage is that I have to pay for some sort of insurance policy against my life, and this will reduce my monthly pension benefit.

In the judgment he was ordered to file an order 'QDRO' to be able to get the survivor benefit that I agreed to.

I had some pre pension application discussion with my employer and found out that they had no knowledge of a QDRO against my pension.

I then checked with the court and found out that the last document filed with the court was the judgment that was signed 12 years ago.

I started to check the California statutes to see if there was a statute of limitations for filing a QDRO for a settlement of a property right.

It is my understanding that my pension is 'property', and to be able to provide another person with a survivor benefit from a pension, one has to have a pension, hence the survivor benefit is considered as 'property'; vis-a-vis 'settlement of a property right'.

I found a site that I thought might provide me with some interesting information:


[url]http://www.leginfo.ca.gov/calaw.html[/url]

CFC 291 CCP 683.010 and CCP 683.020

There is mention of a 10 year enforcement provision.



My questions are:

1. Is my conclusion that my pension and survivor benefit, in the legal arena, considered as a settlement of a property right?


2. Based upon my judgment, having been signed and filed with the court 12 years ago; does the 10 year enforcement provision apply?

Any Responses are appreciated.

CA Gal