NJSBA Family Law Section

Need help - never ran into this before.  Former Husband's employer is a small business with only a handful of people working there. Employer refuses to administer the funds pursuant to the parties' QDRO.  He's making up ridiculous objections like objecting to the use of the term "alternate payee."  Approximately $15K is due to former Wife.  There are no other assets and Husband is in arrears on his alimony.  The former Husband does not want to sue his employer; he's trying to keep his job. Law clerk is saying it is not a matter for family court because it's post-judgment and because employer was never a party to the case. What kind of action might work in civil court?  

TIA for any help at all.

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Mary Jane Leland Esq.
Freehold NJ
(732)409-7777
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Mary Jane.... You're welcome :-)

This resulted in astoundingly fast compliance:

If it doesn't work, contact Danielle D'Abbraccio at the DOL.  She's very helpful.  Just needs a copy of the QDRO and proof of service on the plan administrator and she'll take it from there.  Her email is d'[email protected] and phone is 866-444-3272.  Just be aware that once the genie is out of the bottle (complaint process initiated), it can't be put back in - the company will get hammered.
 

The Law Office of
David Perry Davis
COUNSELLOR AT LAW
112 West Franklin Ave
Pennington NJ 08534-9541
(609) 737-2222
Fax: (609) 737-3222
E-mail: [email protected]
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June 21, 2011

Mr. John Smith
Plan Administrator
XYZ CORP
123 MAIN STREET
YOURTOWN, NJ 08831
By regular and certified mail, RRR

Re:     Paterson v. Rabner
        Docket No. FM-11-840-98B

Dear Mr. Smith:

This office represents Lisa Rabner in reference to the implementation of a Qualified Domestic Relations Order (QDRO) dividing a 401k acquired during her marriage to John Paterson.

Attached please find a copy of the QDRO, served on you in 2001, and follow up correspondence from Mr. Cooper in 2002.

While it is not my general practice to be pugilistic, Ms. Rabner has waited over a decade for the QDRO to be implemented.  She is in need of the funds and cannot wait any longer.  XYZ Corporation's has failed to implement the QDRO and is thus in violation of the Employee Retirement Income Security Act (ERISA) of 1974 § 206(d)(3)(G)(i)(II).

I have contacted the Federal Department of Labor and obtained the documents to begin an investigation and enforcement action.  I would prefer not to take this route as the repercussions of the DOL becoming involved, as you may be aware, extremely serious, involving substantial fines payable to the Federal Government, as well as the payment of any and all legal fees Ms. Rabner has incurred in attempting to obtain your compliance.  For that reason, and at Ms. Rabner's request, you are being provided with this final opportunity to comply and to implement the QDRO.

If I do not hear back from you within five days, Ms. Rabner will avail herself of all available legal remedies without further notice, including turning this matter over to the Department of Labor.

I cannot more strongly urge that you turn this letter over to your legal counsel.

Very truly yours,



David Perry Davis, Esq.

Cc:  Lisa Rabner (regular mail)

 

 

 

 


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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
www.FamilyLawNJ.pro
Voice: 609-737-2222
Fax: 609-737-3222
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