I was divorced in CA and live in NV. I have not gotten child support since my ex medically retired from the depart of corrections in CA. In our divorce settlement I was also entitled to 7.5 years of the his retirement at the value when our divorce was final. I found out there was no QDRO filed at the time of my divorce so when I found out my ex was collecting his retirement I paid a firm in NV to file the QDRO as most law offices sub out this service. We have been working on this for months as Cal-Pers has been particular. A few weeks back we finally had an answer from Kings County CA and they state I need to now file a "joinder". The QDRO firm states they ahve never encountered this and send me the information on how to file the joinder. I have tried calling Kings County Clerk and get no answers other than they cannot give me legal advice nor do they tell me why I now need to file this. I am beyond understanding. Between that and trying to get help here in NV with my CA child support issues I don't know what to do. Here is what I am asking, Why if my divorce settlement clearly states I have a right to his Cal-Pers retirement do I now need to pay to file this joinder?
Second, how can I get someone to help me with my lack of payment on my child support and the 2.5 years of unpaid spousal support? The NV office tried to help me but twice had me fill out the wrong papers(supposedly since my ex lives in CA I must fill out different papers). I sent the CA papers to them and they have not received them, twice. Their main office is a few hours from here but I am at my wits end. What can I do?
1 Answer from Attorneys
Unfortunately, too many firms claiming to know something about QDROs really are form-peddlers who are clueless as to how the retirement plans, or State divorce law, actually work.
If, as it appears, the divorce was in CA, and the QDRO must be processed there, you do need to join the plan (this is an artifact of CA divorce law, not national ERISA-based QDRO rules). If you call our office, we will be able to refer you to an attorney who can handle the CalPERS issues, and and either advise you on the nonpayment of child and spousal support, or get you to someone who can.