I am filing a QDRO to levy against my ex-husbands 401k since I was awarded a money judgment for unpaid spousal and child support. I contacted the plan administrator asking for the value of the 401k and they told me I would have to get a subpoena to get that information. Is this correct? I thought per DOL laws I was entitled to that information? if I do have to subpoena them, what would I ask for?
You do have an attorney assisting you here. You may be ahead of yourself as you say you are filing a QDRO. Does this mean you are in the process of getting it and do not have it as yet? You need a valid and court approved QDRO before the plan adminstrator will talk with you. Get a trained attorney to assist you here.
Hope this helps.
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My colleague from PA is correct. A QDRO is not a debt collection vehicle. A QDRO is generally only used if a court orders a QDRO in the property settlement as part of an original divorce decree.
There are other vehicles available to pursue the collection of a debt/money judgment; including money judgments for unpaid spousal maintenance and child support.
If you have a money judgment and need to collect on that judgment you certainly can do that on our own (the procedures and forms are available on many court's websites), but the procedures are somewhat technical and you may need the assistance of a qualified family and/or debt collection attorney.
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