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Qdro

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DNSmith529

Junior Member
What is the name of your state (only U.S. law)? NY
My ex filed a QDRO for the wrong amount. She is claiming that we were married 8 years longer than we were. Can I get this ammended? All our divorce stated was that our retirement be as per Moussaka vs Moussaka. Then about 5 years after the divorce she filed something in court stating the amount of years she was entitled to and it was wrong. My lawyer got it but I never received a copy. Now she has just, 2 month ago, filed the QDRO using this incorrect paperwork. I plan on retiring next year. .... one more question. I am also entitled to the same portion of her retirement. If I retire next year and she waits 5 more years then she'll get her full pay and part of my retirement. Once she retires it will even out. Is there any way I can get a stipulation stating that she cannot collect my retirement until she retires? If she can collect my retirement before then I can collect hers I can't afford to retire until she does.
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? NY
My ex filed a QDRO for the wrong amount. She is claiming that we were married 8 years longer than we were. Can I get this ammended? All our divorce stated was that our retirement be as per Moussaka vs Moussaka. Then about 5 years after the divorce she filed something in court stating the amount of years she was entitled to and it was wrong. My lawyer got it but I never received a copy. Now she has just, 2 month ago, filed the QDRO using this incorrect paperwork. I plan on retiring next year. .... one more question. I am also entitled to the same portion of her retirement. If I retire next year and she waits 5 more years then she'll get her full pay and part of my retirement. Once she retires it will even out. Is there any way I can get a stipulation stating that she cannot collect my retirement until she retires? If she can collect my retirement before then I can collect hers I can't afford to retire until she does.
Send the financial company a registered letter telling them that the QDRO was incorrect and they should not distribute any money until you get it straightened out.

Then, go back to court to have her held in contempt for filing a fraudulent QDRO. Prepare your own and ask the court to approve it - and make her pay your legal expenses.

Or simply let your lawyer handle it.
 

Curious in KY

Junior Member
Looking for answers on QDRO

I divorced in 1986. In the divorce decree it stated that I would receive 1/2 of my ex husbands pension for the time we were married. Years later, my ex is ready to retire, I received a letter from his pension fund that I am not eligible since it was listed as his local union pension fund and not the national pension fund. Do I have a leg to stand on?
 

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