Q: My wife and I were divorced in 2006. No QDRO was ever agreed to or filed. In 2011 she petition family court stating she had an approved QDRO from my pension Administraters. It was a lie. She had nothing but a downloaded faxed copy from the pension website. She asked the Support Magistrate to sign a copy of a QDRO. There were no attorney signatures, no judge signature and I never signed or agreed to giving her 100% of my pension benefits. The Magistrate signed the bogus QDRO which my wife presented to the pension Administraters.
Was this a legal or illegal process?
A: Magistrates – to my knowledge – do not have the authority to sign QDRO’s – perhaps with the limited exception if it is meant to take the place of an execution to enforce support arrears. If it’s for your ex-wife to gain her share of your pension, then a magistrate clearly would not have authority – thus you should file a timely Objection. Schedule a consult with a Bronx Divorce attorney for a full assessment.