Divorce Source Community Forums >> Pension Issues

Jump to first unread post. Pages: 1 | 2 | >> (show all)
Melody
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 10102
Loc: California
Upcoming retirement
      #20332 - 07/09/05 05:17 PM

My ex is eligible for retirement now, but will likely work until his mandatory retirement date in 2009. As part of our divorce, I was awarded a portion of his retirement when he begins to draw it. How do I go about dealing with this? Am I totally reliant upon him to inform his personnel office that there is an order on his retirement? I do remember something about a QDRO, but I don't know what it all means. Help?

Post Extras: Print Post   Remind Me!   Notify Moderator  
Karen1
Pooh-Bah
**

Reged: 06/02/05
Posts: 1798
Loc: Ohio
Re: Upcoming retirement [Re: Melody]
      #20380 - 07/10/05 10:23 AM

Not sure I will be much help as this may vary per employer? our GDRO's are currently being done. In talking with HR regarding stbx pension... I was advised at teh time the QDRO is done, filed with his company, my share of his pension is set up in a pension account of my own. Then when he retires I will have 3 options, taking it as lump sum, monthly check, or combination of lump sum and lowered monthly check.

I also will be able to designate a beneficiary for my portion should I die before he retires and I can collect. Should he die before he retires, my share of his pension is protected as is in an account in my name, not his.

Karen

--------------------
"Don't cry because it's over, smile because it happened".


Post Extras: Print Post   Remind Me!   Notify Moderator  
Melody
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 10102
Loc: California
did you receive a copy of this paperwork [Re: Karen1]
      #20451 - 07/10/05 11:58 PM

with your divorce decree? Was it prepared by your attorney?

Post Extras: Print Post   Remind Me!   Notify Moderator  
Lucy44
old hand
**

Reged: 07/11/05
Posts: 874
Loc: Rochester, MN
Re: Upcoming retirement [Re: Melody]
      #20497 - 07/11/05 01:20 PM

Melody,

"DFAS Cleveland is under a legal obligation to enforce the court order and has no authority to modify it in any way. Payment of these monies is not automatic. Former spouses must apply to DFAS Cleveland to receive this benefit.

Contact DFAS Cleveland ( 1-800-321-1080) to find out what exactly they need from you in order to begin your payments when your ex begins retirement. Your attorney should have completed the paperwork for DFAS, where they would have it on file. If you didn't use an atty., or it wasn't done, you should have no trouble completing the documents on your own.
"Accompanying the Order should be a completed application form entitled "Request for Former Spouse Payments from Retired Pay" (DFAS Form 2293)."

If there is any ambiguity in the amount to be awarded you, DFAS may require a Clarification Order, which would mean you having to go back to court. The sooner DFAS gets the paperwork, the sooner you'll know if everything is in order.

--------------------
Experience is a wonderful thing.
It enables you to recognize a mistake when you make it again.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Melody
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 10102
Loc: California
Thanks Lucy [Re: Lucy44]
      #20769 - 07/12/05 04:53 PM

In my case, it's the Office of Personnel Management in Washington DC who administers the retirement for federal employees. I'm digging out my paperwork now, and I will send them a letter asking what I need to do. I imagine there may be some court involvement down the road. If I remember correctly, the MSA simply said that ex would execute a QDRO, however, I know now from my reading that federal retirement systems do not use QDRO, but some other format. Since I have no copy of any paperwork being done...just the agreement to do so in the MSA, then I imagine ex and his attorney were obliged to take care of this. At least that's what I plan on arguing if ex won't cooperate.

Post Extras: Print Post   Remind Me!   Notify Moderator  
Bjay
member
***

Reged: 06/04/05
Posts: 130
Re: Melody, This site may be useful: [Re: Melody]
      #20807 - 07/12/05 06:52 PM

http://www.opm.gov/retire/asd/pdf/ri83-116.pdf

Post Extras: Print Post   Remind Me!   Notify Moderator  
Melody
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 10102
Loc: California
I think that's the one I read over the weekend [Re: Bjay]
      #20808 - 07/12/05 06:57 PM

but I'll check it out...thanks for the pointer!

Post Extras: Print Post   Remind Me!   Notify Moderator  
Karen1
Pooh-Bah
**

Reged: 06/02/05
Posts: 1798
Loc: Ohio
Re: did you receive a copy of this paperwork [Re: Melody]
      #20825 - 07/12/05 09:30 PM

Melody, divorce is not final yet. Settlement hearing last month, his attorney agreed to get the 2 needed QDRO'S started as mine was going out of town for vacation, and final hearing scheduled for July 27. My attorney found out today that his did NOT get these started, so if they are not ready quickly she is going to have final rescheduled. Per my attorney, she can do this as we have signed papers in agreement and if one thing not done she can have it rescheduled easily.

His attorney has proven to be very lax, forgetful, IMO just plain inept and dishonest. he is a drinking buddy of stbx. He can be a nice guy one minute then get so raging angry that I seriously think he has something like bi polar or something going on and is off his meds, seriously. So this incident seems pretty much par for the course.

My attorney does NOT want to proceed with final hearing until these 2 very important QDRO'S are completed and they will be part of the final orders / decree and I will have a copy of them.. Thank God for that,

--------------------
"Don't cry because it's over, smile because it happened".


Post Extras: Print Post   Remind Me!   Notify Moderator  
Lucy44
old hand
**

Reged: 07/11/05
Posts: 874
Loc: Rochester, MN
Re: Thanks Lucy [Re: Melody]
      #21051 - 07/14/05 11:01 AM

OOPS!!
There I go assuming again...
I had it in my head that your ex is military.

--------------------
Experience is a wonderful thing.
It enables you to recognize a mistake when you make it again.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Karen1
Pooh-Bah
**

Reged: 06/02/05
Posts: 1798
Loc: Ohio
Re: did you receive a copy of this paperwork [Re: Melody]
      #21068 - 07/14/05 12:02 PM

Sorry, did not answer both questions. Not prepared by my attorney, am in OH and is to be done by a company QDRO Evaluators.

I say to be done because have hit a snag yet again on the part of stbx attorney. Our final trial is scheduled for less than 2 weeks from now. At our settlement hearing in mid June stbx attorney agreed that he would get the QDRO's started with the company as my attorney was going on vacatjion. Normally we leave little to his attorney because he is so slow, and either a tactic or for real, he is "forgetful". He is also a drinking buddy of stbx.

Just 2 days ago my attorney discovered that his did not follow through and get the QDRO's started. My attorney advised she did not want to go to court without the completed QDRO's as she does not want to leave anything other than the sale of the house to be done after is final and I agree, especially not on something as important to me as my share of his pension. SO she will have the final hearing rescheduled. i thought we would be required to have either stbx or the magistrate agree to that, attorney says no because we have settlement papers signed and on file with the magistrate that states who will get the QDRO's,. that we will split the cost and they will be done and in my attorneys hands at the final hearing. Just one more thing that causes aggravation and is totally not necessary, but par for the course in this divorce.

--------------------
"Don't cry because it's over, smile because it happened".


Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1 | 2 | >> (show all)



Extra information
0 registered and 0 anonymous users are browsing this forum.

Moderator:   

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is disabled

Rating:
Topic views: 7195

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.