statue of limitations

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Latest post Sat, Jul 10 2010 5:41 AM by terimc. 5 replies.
  • Fri, Jul 9 2010 5:09 PM

    • terimc
      Consumer
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    • Joined on Wed, Sep 17 2003
    • Posts 5

    statue of limitations

    Is there a statue of limitations for a QDRO in Florida?  Is there a limited time on how long a x-spouse is allowed to file? does anyone know any case law that I can refer to.

  • Fri, Jul 9 2010 8:10 PM In reply to

    Re: statue of limitations

    I don't have a verifiable answer for you.

    But I don't think the QDRO is the issue.

    A QDRO is only a court order instructing the custodian of the account to split the account between the two parties.

    If the divorce decree mandates the split then the divorce decree can be enforced indefinitely.

    In fact, if the account is your account, then you might have been the one with the obligation of filing the QDRO.

    Consult an attorney.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Jul 9 2010 8:38 PM In reply to

    • terimc
      Consumer
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    • Joined on Wed, Sep 17 2003
    • Posts 5

    Re: statue of limitations

    Thanks, the agreement states it has to be done by the x, but nothing was ever executed and 10 years have gone by!

  • Fri, Jul 9 2010 9:16 PM In reply to

    Re: statue of limitations

    terimc:
    but nothing was ever executed and 10 years have gone by!

    Why not?

    How much money is involved?

    Pension or IRA?

    Is the X making noise to do it now?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Jul 9 2010 11:24 PM In reply to

    Re: statue of limitations

    Has he retired?  There is no limitation on time, it is just better to have it in place the closer retirment ;  he may have trouble accessing his retirement if there is no quadro in place

  • Sat, Jul 10 2010 5:41 AM In reply to

    • terimc
      Consumer
    • Not Ranked
    • Joined on Wed, Sep 17 2003
    • Posts 5

    Re: statue of limitations

    Why not? Her attorney never filed any paperwork after the divorce

    How much money is involved? close to 18000 it is just the principal of it all, this person never paid any child support when the children came to live with us. the judge would not award any child support stating that we waited too long to file for it. medical bills that we incurred of about 40K she never paid a dime on.

    Pension or IRA? State pension

    Is the X making noise to do it now? Yes

     

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