Divorce decree not specific about retirement accounts to split - what are my options?

[Lemon12]

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

Hello,
I'm having trouble getting my disabled Father's ex to file the QDROs that she was awarded in his divorce. I'm stuck! He needs help but doesn't qualify because it appears as though the money sitting there is his (he's already withdrawn his "share"). The divorce decree is very vague - it says 1/2 of ABC Company retirement funds and 1/2 of XYZ Company pension. There are 2 problems with this:

1 - He never had a pension at XYZ, it was with ABC but he does have an IRA that was active when he worked there.
2 - Not sure what "retirement funds" means for ABC company. He has a pension through that company, but no other "savings' type retirement funds.

I went to the court records building & looked at the file, there is nothing in there with specific account numbers, only the official court type forms.

This has been going on since 2004 and I need it to end, is there anything I can do to make her provide proof of what was awarded?

He has another IRA and pension from a completely different company that are not mentioned. My fear is that this will somehow come up and she will take him back to court & try to leach him of that too...

Help!

 

[Silverplum]

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

Hello,
I'm having trouble getting my disabled Father's ex to file the QDROs that she was awarded in his divorce. I'm stuck! He needs help but doesn't qualify because it appears as though the money sitting there is his (he's already withdrawn his "share"). The divorce decree is very vague - it says 1/2 of ABC Company retirement funds and 1/2 of XYZ Company pension. There are 2 problems with this:

1 - He never had a pension at XYZ, it was with ABC but he does have an IRA that was active when he worked there.
2 - Not sure what "retirement funds" means for ABC company. He has a pension through that company, but no other "savings' type retirement funds.

I went to the court records building & looked at the file, there is nothing in there with specific account numbers, only the official court type forms.

This has been going on since 2004 and I need it to end, is there anything I can do to make her provide proof of what was awarded?

He has another IRA and pension from a completely different company that are not mentioned. My fear is that this will somehow come up and she will take him back to court & try to leach him of that too...

Help!

It's clear you aren't an attorney (I'm not, either), so you need to understand that you cannot represent him, you cannot *do* anything for him on a legal basis. Either he does it, or he hires an attorney to do it.

What you can do is help him find and hire an attorney.

 

[Lemon12]

Actually I have Power of Attorney for all financial matters.

 

[Just Blue]

Actually I have Power of Attorney for all financial matters.

Then I suggest you hire an attorney to explain what LEGALLY you are allowed to do. I will guarantee you are NOT allowed to act as an attorney. That is illegal. In all states.

 

[Silverplum]

Actually I have Power of Attorney for all financial matters.

That doesn't make you an attorney. That doesn't give you the power to file court documents on his behalf. It doesn't give you the power to compel his X to comply.

http://www.michigan.gov/documents/151f_2765_7.pdf

What it does is this: appoint someone to represent (him) to the State of Michigan on tax, benefit, and debt matters.

 

[ecmst12]

"Power of attorney" does not actually MAKE you into an attorney. You don't have a license to practice law and you can't file any court actions on his behalf or represent him in court. What you CAN do with your POA is consult and HIRE a lawyer on his behalf, and pay for him out of dad's accounts.

 

[Lemon12]

OK, I understand...thanks. I'm not trying to file court papers or "act" on his behalf for legal matters at this time...just throwing a question out there.

Back to my original question, is there any law that requires her to produce the QDROs in a timely manner or anything that would cover the legality of how vague the divorce decree is. He doesn't have much left and my brother & I have already given him thousands of dollars to cover his expenses. I want him to have what is legally his, but I don't want to open a can of worms and tell her...this is what he has, which one is yours...

 

[justalayman]

Back to my original question, is there any law that requires her to produce the QDROs.

Huh? He got whatever she got. Have him whip out his copy of the order.

anything that would cover the legality of how vague the divorce decree is.

if the decree is not clear, then you ask the court to clarify it. The decree is the document that defines what happens.

 

[Silverplum]

OK, I understand...thanks. I'm not trying to file court papers or "act" on his behalf for legal matters at this time...just throwing a question out there.

Back to my original question, is there any law that requires her to produce the QDROs in a timely manner or anything that would cover the legality of how vague the divorce decree is. He doesn't have much left and my brother & I have already given him thousands of dollars to cover his expenses. I want him to have what is legally his, but I don't want to open a can of worms and tell her...this is what he has, which one is yours...

Was she court ordered to have the QDRO/s drawn up?

I don't know if this will be useful to your Dad, but check this out:
http://www.avvo.com/legal-answers/did-ex-lose-all-rights-to-pension---can-ex-seek-ot-562339.html