Archived
What happens now to me and my pension if my ex decides to file for her share of my pension.Do I have any legal grounds as well ?
Harley's answer
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Answered on March 01, 2018
Your situation is quite common. Find an attorney that does QDROs. Hire the attorney to do a QDRO for both your pension and for your ex-spouses...
Archived
Why is my fiance's staffing company taking money for insurance that's no longer partnered with them? Is she being robbed?
Harley's answer
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Answered on March 01, 2018
The temp agency is obligated to account for every penny taken out of her account. Most likely they did not turn off the switch when they parted...
Archived
If an employer has exemption from ERISA (Employee Retirement Income Security Act) by the DOL, can it affect compliance withQDRO?
Harley's answer
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Answered on March 01, 2018
While his plan is exempt from ERISA, it is not exempt from state law. The QDRO needs to be brought to the attention of the retirement department. ...
Archived
How do I obtain the info on my ex’s profit sharing plan and file to our divorce case?
Harley's answer
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Answered on March 01, 2018
You do not know what your ex has done or has not done. Get a copy of your property settlement agreement (the document that tells you that you get...
Can I sue my former employer / 401(k) administrator for negligence?
Harley's answer
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Answered on January 27, 2018
In general, you have no standing to sue the third party administrator. You can, however, make a claim for benefits to the plan administrator and...
Archived
Can a devorce decree be reopened to take more retirement after agreeing on the original settlement
Harley's answer
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Answered on January 27, 2018
The divorce court always maintains jurisdiction over a QDRO. They can alter, amend or revoke a QDRO at any time.
What can I do if my attorney hasn't filed my qdro?
Harley's answer
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Answered on January 27, 2018
In California we contact the state bar when attorneys do not respond. If the court lost the paperwork, get a copy of what he filed. You can just...
Archived
What can I do to recover wages deducted from my last paycheck to pay back FSA contributions and are they allowed to do that?
Harley's answer
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Answered on January 27, 2018
They can do it only if the plan provides that they can (and this is very rare in my opinion). Since most plans are boiler plate, my guess is that...
Archived
How does splitting a pension plan work when divorcing a spouse?
Harley's answer
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Answered on January 27, 2018
State law dictates how much of the retirement you can get. Federal law allows you to get as much as 100% or as little as 0%. Negotiate this with...
Archived
Can I take a loan out of my 401k while paying back 100% back on my Chapter 13?
Harley's answer
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Answered on January 27, 2018
The loan rules are relatively complicated. The amount you can borrow is limited by the outstanding loan balance over the year before the loan. ...
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