Fidelity Investments sent me a letter 12 July telling me they were trying to determine if the Qualified Domestic Relations Order (QDRO) for the division of Donkey’s 401k was “‘qualified’ pursuant to Section 206(d)(3) of the Employee Income Retirement Income Security Act of 1974, as amended.” Yada yada yada.
I told my lawyer, “If, for any reason, Fidelity rejects the order, I don’t care & I don’t want to go back to court over it.” My lawyer answered, “You will get your money, I am just not sure when and I am checking that out.”
“I won’t get my money.” I told him, ”I bet one of the first things Mike said to [Donkey] was not to worry about the 401k, that he’d write it to guarantee, with as much certainty as possible, that I will never see an actual dime of that 401k. I’m not going to fight it, or the $322 deficit from [Donkey's] tax fuck-up, or the ~$3K in retro support. I quit. He wins, and like he says, he always will because he has the system on his side now and forever. Plus, considering Judge Craig’s past verdict, he’ll probably gladly continue to give Donkey everything he wants…”.
Yesterday I replied to the email string: I told you so. Fidelity determined the 401k order is not qualified. End. I’m not fighting it.
I didn’t think about it until the first letter arrived, but it makes sense that Donkey and Barnette would have sat down and figured out a strategy to be sure the little Judge Dennis Craig did give me never actually made it to me:
- Don’t pay your taxes so the 2010 refund is dwindled to cover your debt and gives her significantly less than originally promised and less than court ordered ($2,500 – $1,468 – $1,136)
- Don’t pay your retro child support because it will cost her as much to go back to court to get it ($2,477)
- Don’t pay attention to your 401k since it will be frozen while they review the improperly worded court order ($3,000)
I only know how the divorce read, not the details of the QDRO (except for the two quoted paragraphs in the rejection letter).
Plus there are 6 very scary words stopping me from pursuing the matter:
I’ve got at least 30 years to make up for that $3,000 with my own salary anyways, so I don’t think I’m going to ask that judge for anything.