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Old 06-11-2000, 06:28 PM
williamsville
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Angry

Divorced in 1990. Retirement to be settled at a later date, from court transcript. I'm not retiring for another 10 years, and I have received a Qualified Domestic Relations Order, sent certified, which I didn't even know about until this week. Now, not only does she want to know what portion of my retirement she's getting, (not determined yet, but is trying to take me to court for $1500 legal fees!!! Can she do this????? Help!!!!
  #2  
Old 06-11-2000, 06:39 PM
lawrat
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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

She can't charge her legal fees to you. First of all, that is not right. Now, as to retirement, she is entitled to a pro rated percentage of your retirement: this will be determined by the number of years you were married and how many of those years you were earning towards your retirement.

Some family courts say this amount will be paid when you retire, some family courts will give her an upfront amount, discounted to present value (this amount is if she were to invest the whole now, what her rate of return would be).

So, if I were you, get your family law/divorce attorney to review what she sent you and go from there. She may just be doing it out of spite.

Hope this helps.
 



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