QDRO not being enforced

[help33]

What is the name of your state? Colorado

Here is the scenario.

My mother And father Divorced In 1991 . They drew up A QDRO For half my father's pension at the time of separation to be collected when he retired. When she went to collect and file for it, once my father retired in 2015, The pension Administrators said they had no record of the QDRO. When we sent a copy in, they said it did not contain The proper information (ie, was benefit based on his or her life expectancy and what happens at his death). They also stated that An updated Version would not be accepted as there were no benefits available under this plan, which i presume means my father is collecting full benefit.

Pertinent items:

-The QDRO Was Drafted by a lawyer my father hired for the both of them in 1991.
- The QDRO is required by the court documents and signed by both Mother and Father.
- I'm not sure who was supposed to submit To pension Company In 1991, mother/father/lawyer.
- I assume my father is collecting Full benefit And not reduced by mother's portion .
- I am not on speaking terms With my father Nor do I have the lawyers Name or contact information whom drafted the document.

Questions are :
Can we enforce this QDRO?
Do we need to Sue my father?
Would this Be done in A small claims court or Another court?
Any other avenues I should consider?

 

[adjusterjack]

To enforce the QDRO your mother would have to reopen her divorce case and enforce it through that court.

She will need a lawyer. The original lawyer is probably listed in the divorce case file. But after 28 years she will probably need a new one.

As for who should have submitted the QDRO to the pension company, that's easy. The one who was to benefit from it (your mother) should have made sure it got done properly, signed by the judge, entered into the court file and served on the pension company with the appropriate follow up for acknowledgment.

 

[help33]

To enforce the QDRO your mother would have to reopen her divorce case and enforce it through that court.

She will need a lawyer. The original lawyer is probably listed in the divorce case file. But after 28 years she will probably need a new one.

As for who should have submitted the QDRO to the pension company, that's easy. The one who was to benefit from it (your mother) should have made sure it got done properly, signed by the judge, entered into the court file and served on the pension company with the appropriate follow up for acknowledgment.

Thank you for the response.

 

[HighwayMan]

The QDRO Was Drafted by a lawyer my father hired for the both of them in 1991.

That's problem number 1. Your father hired an attorney that represented HIM. An attorney does not represent both sides in a divorce case. There's only one client - and that was your father.

Can we enforce this QDRO?

There is no "we" here. You are not involved. Your mother needs to handle this with her attorney. This is not a do-it-yourself matter for her. She really needs an attorney.

 

[help33]

That's problem number 1. Your father hired an attorney that represented HIM. An attorney does not represent both sides in a divorce case. There's only one client - and that was your father.



There is no "we" here. You are not involved. Your mother needs to handle this with her attorney. This is not a do-it-yourself matter for her. She really needs an attorney.

Thank you for your response. Yes, she did quite a few things wrong back then and I am trying to assist in correcting them. I use the term "We" as in a team, I am aware she must take all the action, I am just tasked with learning what action needs to be taken. Have a great day!

 

[quincy]

Why did you delete your thread about your daughter, her 3 year old son's clogging of the toilet with kitty litter, and her responsibility for the damage caused to her rental unit?

You received several responses by several different forum members to the questions you asked and you were provided with links to the applicable Colorado laws.

You were told that, because your daughter is an adult, the most you can do to help her is to assist her in paying costs that might be assigned to her as a result of the toilet overflow.

The 3-year-old cannot be held legally liable for the damages because a 3-year-old cannot, under the law, be negligent. A 3-year-old is also considered incapable of committing a crime.

Your daughter is also unlikely to be found negligent under the parental responsibility law because there is a "malicious and willful" element to actions committed by minors that cannot be met.

Once again, here a link to the law: https://law.justia.com/codes/colorado/2017/title-13/damages-and-limitations-on-actions/article-21/part-1/section-13-21-107/
Despite the above, your daughter has a lease that is (presumed to be) legally binding and enforceable. She can be held liable for all damages to her rental unit that are not from normal wear and tear. If the kitty litter is found to be the cause of the toilet overflow, she can be held responsible. In addition, because she was not allowed to have a cat in her apartment, the lease violation could result in lease termination.

I am disappointed that you felt so little appreciation for the information provided, and so little respect for those volunteering their free time to assist you, that you would delete the efforts they made on your behalf.

 

[help33]

Why did you delete your thread about your daughter, her 3 year old son's clogging of the toilet with kitty litter, and her responsibility for the damage caused to her rental unit?

You received several responses by several different forum members to the questions you asked and you were provided with links to the applicable Colorado laws.

You were told that, because your daughter is an adult, the most you can do to help her is to assist her in paying costs that might be assigned to her as a result of the toilet overflow.

The 3-year-old cannot be held legally liable for the damages because a 3-year-old cannot, under the law, be negligent. A 3-year-old is also considered incapable of committing a crime.

Your daughter is also unlikely to be found negligent under the parental responsibility law because there is a "malicious and willful" element to actions committed by minors that cannot be met.

Once again, here a link to the law: https://law.justia.com/codes/colorado/2017/title-13/damages-and-limitations-on-actions/article-21/part-1/section-13-21-107/
Despite the above, your daughter has a lease that is (presumed to be) legally binding and enforceable. She can be held liable for all damages to her rental unit that are not from normal wear and tear. If the kitty litter is found to be the cause of the toilet overflow, she can be held responsible. In addition, because she was not allowed to have a cat in her apartment, the lease violation could result in lease termination.

I am disappointed that you felt so little appreciation for the information provided, and so little respect for those volunteering their free time to assist you, that you would delete the efforts they made on your behalf.

I do appreciate the time and the effort the few (including yourself) had put in but the thread became abusive and attacking with some poster's (Gail) responses warranting removal by administrators. I am here just gathering information to try and assist family members whom otherwise would not know where to find the information. I am a firefighter by trade, I try my best to help people, its what I do and found that thread becoming extremely negative.
I am not sure why you felt the need to post on an unrelated thread seeking advice for another family member. If you would kindly delete your post, it would be appreciated. Have a great day.

 

[quincy]

... I am not sure why you felt the need to post on an unrelated thread ...

Why did I feel the need to post on an unrelated thread? Probably because you deleted the other thread.

Have a great day.