I need to have a qualified QDRO amended to clarfiy marriage date and added to the QDRO. My ex is unwilling to have the QDRO amended to clarify the marriage dates because as written she is entitled to recieve the court awarded pension for my entire accrued benefit up to the date of seperation.
This is not correct as we were only married for a portion of my tenure with the company. I supplied supporting documents that clarified the dates (Decree, Settlement Agreement) which were referenced in the QDRO but the QDRO Admin office says that if the marriage date is not on the qdro itself I only have two options; 1) Amend or 2) Vacate and file a new QDRO. How would the court intepret this situation should I choose to vacate as it is my only option at this point as my ex is unwilling to amend?
QDRO has paragraph with continued jurisdiction by the court to establish or maintain qualitification status. QDRO references supporting documents that spell out marriage and seperation dates but plan administrator says it must be clearly called out in QDRO and not in supporting documents. QDRO was qualified in March 2010.
Family Law Attorney
This is arguably a clerical error, so you may be able to get this fixed on motion under CR 60(a). If not, you will have to move to vacate and enter a new order under 60(b). As you can no doubt prove the date of your marriage and the date you began to accrue your pension, you have a good argument that the outcome is the result of clerical error and does not reflect the original intention of the parties. However, this must be done within one year of the date the court signed the order.
No one can ever say for sure what the court will say, but I would say you have a reasonable chance of prevailing and considering the amount likely at stake, it is certainly worth trying.
Divorce / Separation Lawyer
Contact a WA attorney ASAP. You do not indicate how long ago your divorce was entered, nor do you provide the precise language of the pertinent QDRO paragraph(s) contained in your judgment, and this makes it difficult for a WA attorney to advise you without a one-on-one office consultation.
You may have a better chance of modifying or amending the QDRO than you think. Look for language in your judgment by which the court reserves jurisdiction of post-judgment QDRO compliance revisions.