What to do about retirement changes?

[Weary]

Man I wish this website existed 12+ yrs ago when I got divorced!  A little background before I spell out my concerns is in order.  I have worked for a corporation for 16+ yrs.  It just recently got approval to dump my defined-benefit retirement plan on the government.  My xw  and I split 3 yrs after I started to work with this company and she got 25% of my retirement in the settlement.  Although a QDRO was ordered, I never ran it through my R&I office so it doesn't exist.  The company started a defined contribution plan 2 yrs ago and I started contributions to my 401K after the divorce.  I also have an IRA I started just recently as well.  The decree is very general on this matter.  It says my xw is to receive 25% of the retirement provided by XXXX corporation.  My question is this:  Since the retirement plan referenced in the decree no longer exists, what am I now obligated to pay (if anything?)  I am several years away from retiring but I want to get a handle on this issue now before it becomes a huge issue in my current marriage.  Any answers?

[Lee Borden]

The provision you describe is unusual, because it apparently contains no limitation to the retirement you had earned at the time of your divorce but appears to contemplate that you provide 25% of your TOTAL retirement, even that portion earned after your divorce. If I were you, and if the amount involved were sufficient (as I suspect it is), I would hire a good divorce lawyer and explore the filing of a request for modification of the retirement plan provision. Meanwhile, have you talked with your Ex about this? It's entirely possible that your Ex would cooperate with you to get some clarity. If so, you could do it without a huge expenditure.

[Weary]

Thanks Lee.  I didn't think there was an easy answer to this situation.  This is not the only poorly written provision in this decree.  This was an uncontested divorce (I wasn't represented) and I let myself get killed financially (nothing new in this tale!)  However, I will attempt to resolve the issue as you have suggested.  I'm pretty certain my xw will be totally resistant to any modification that might limit her access to my perceived fortune.  Since I'm pretty sure I'm going to wind up needing legal help (once again) can I employ an attorney in South Caorolina (my residential state) to pursue this case in Alabama (where my xw still resides?)  Thanks for any all assistance.

[m_t]

can I employ an attorney in South Caorolina (my residential state) to pursue this case in Alabama (where my xw still resides?)  Thanks for any all assistance.

Only if that lawyer is also licensed to practice in AL. Plus, the travel cost (if the lawyer is even willing to do so) may be prohibitive. Realistically, you should be looking for a lawyer in AL.

[Jade]

Man I wish this website existed 12+ yrs ago when I got divorced!  A little background before I spell out my concerns is in order.  I have worked for a corporation for 16+ yrs.  It just recently got approval to dump my defined-benefit retirement plan on the government.  My xw  and I split 3 yrs after I started to work with this company and she got 25% of my retirement in the settlement.  Although a QDRO was ordered, I never ran it through my R&I office so it doesn't exist.  The company started a defined contribution plan 2 yrs ago and I started contributions to my 401K after the divorce.  I also have an IRA I started just recently as well.  The decree is very general on this matter.  It says my xw is to receive 25% of the retirement provided by XXXX corporation.  My question is this:  Since the retirement plan referenced in the decree no longer exists, what am I now obligated to pay (if anything?)  I am several years away from retiring but I want to get a handle on this issue now before it becomes a huge issue in my current marriage.  Any answers?

You most definitely are obligated to pay something, it is in the court order.  And the court order is very vague.  And since you didn't run the QDRO through like you should have at the time of the court order, the money has grown, and with a vague order like yours, they will probably transfer 25% of what is in there now to your ex.  Had you filed it shortly after the date, it would have been 25% of what was in there at the time. 

Once you get this resolved, I suggest you comply with the court order and transfer it immediately.  One of the items that you are going to need to resolve this are statements from the retirement fund showing the balances at the time of the original court order.  And don't be surprised if you are charged interest. 

[Weary]

Okay...I want to get going on this.  Can anyone recommend an attorney in the Auburn-Opelika area that they like?  I appreciate your time in replying to these posts.  Thanks for any and all help.

[livealittle]

Okay...I want to get going on this.  Can anyone recommend an attorney in the Auburn-Opelika area that they like?  I appreciate your time in replying to these posts.  Thanks for any and all help.

you would probably be better served asking this question on the general catagory board and requesting people shoot you a pm with any suggestions.  It might also be prudent to ask who not to use.