Maybe a legal question, divorce division

[goldenmom7500]

You were all sooo kind when I emailed before ... here is the wording from my divorce decree. He filed no QDRO and the request was denied by TSP after 7 weeks because it didn't specify a dollar amount (or percentage on a given day). He says he complied because he "initiated" a transfer and he is done. His attorney said that no QDRO exists because they understood the TSP wouldn't accept it/want it and therefore they are compliant even though they had no QDRO or separate court order. Can anyone help me here? (I have the booklet). My specific questions: is "initiating" a financial transfer and failing due to improper paperwork good enough? Is there some specific legal language that is helpful here (honestly, does this pass the "laugh test")? And ... if an agreement says he has to file a court order (but is overly specific), wouldn't it suggest that he is liable for "a" court order? [I'd appreciate any suggestions].

“Not later than thirty (30) days after our divorce, Mr. X shall initiate the tax-free transfer of the entirety of the funds in the L2010 Lifecycle Fund as of the date of such transfer to a retirement account in Mrs. X's sole name.” and “We acknowledge that the tax-free transfer of the funds in the L2010 Lifecycle Fund may require a Qualified Domestic Relations Order (“QDRO”) to effect the transfer. Mr. X agrees to arrange for the preparation of the QDRO and to file it with the divorce filing.”

 

[david.alan.williams]

It's obvious that the Judges intent was not met. Sounds like he and his lawyer are trying to play on the words in the Judge's ruling and you would probably have to take him back to court. Also, the Judge mentions a specific fund (L2010) and who to say that he didn't move it to a different fund (Like the G-Fund) just days before the Judge ruled. He could have then said, days later, that he has no money in the L2010 Fund. In my opinion, the Judge should have just said "TSP Fund" or something like that. I'll bet that you will have to take him back to court and try to get the Judge to nail down the wording so there is no possible loophole. Wish I could be more help!

 

[burrocrat]

sounds like a case of complying with the letter of the law while avoiding the spirit of the law. everybody gets their due.

it might help if next time you two are within whispering distance you mention to him that you will cut his cheating balls off and stuff them down his throat, and then that your lawyer will eat his lawyer for lunch. no quit.

let the other spouse know as soon as this is over they can start fresh with their half, until then... see you in hell.

then start draggin out the dirty laundry, he'll fold, fast.

works everytime.

 

[goldenmom7500]

this is the world's nicest forum ... thank you.

 

[burrocrat]

watch out, that's a dirty business you're in.

when it was finally said and done, i asked my lawyer 'how do you sleep at night?', she said very well thank you, on a mattress stuffed full of money.

and she wasn't lying.

best bet is to agree to disagree and work out your own plan, if the other is uncooperative then nail 'em to the wall.

ps. we both sleep good at night now, but for different reasons.

 

[Steadygain]

this is the world's nicest forum ... thank you.

Don't be fooled dear friend ~ it's way more a reflection of your sincreity and allowing us to really feel your heartstrings. The Forum is wonderful because of YOU - because you let 'us' hurt with you and take a piece of you with us. So we honestly feel for you and your child and the enormous difficulties this has been taking.

I don't know what the greatest tragedy is - to some degree it seems like it's the legal system itself and how anyone can stretch 'The Limbo' out and wear at you -- even despite a judge ruling on your behalf.

That would be the hardest part for me -- like an endless taunting and that part makes me the most bothered.

Well anyway -- don't give us too much credit -- me especially. If you'd said something totally different and been something you're not -- it hard to say how I would have reacted.

The bottom line is -- you came here looking for 'support' and 'acceptance' and that lets us shine like never before. So you've been equally good for us.