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tugger
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Reged: 06/28/07
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any legal circumstances to modify or cancel a QDRO
      #255378 - 06/28/07 08:24 PM

I'LL TRY TO BE BRIEF.Are their any legal circumstances that would allow the modification or cancellation of a QDRO that was issued by the Arizona supreme court? Quick background...Got married in Az in 81,moved to Ca. shortly after,lived in Ca. till 98,ex left (secretly) went to Az.and filed divorce 90 days later.I (like a dummy)did not want a divorce and did not participate.I may have responded to the divorce papers(I don't think so) but did nothing else.Did not attend.Ex filed a QDRO and was granted half of my pension(1000.00)per mo. and half of my annuity(25,000.00).Shortly there after she remarried and remains married to date.Her father passed away and she received a house(free and clear) and a substantial monetary inheritance.Her present husband has a pension plan also.
This all happened approx. 9 years ago,but now that I have reached the 39,500 hour milestone that allows me to draw my pension it really pisses me off!!!(It always has irked me).I don't know if she has started receiving benefits yet,but I would assume she has,since she became eligible around a year ago.(We haven't spoken for about 9 years)
Is their any law against this?If not ,there should be.

Edited by tugger (06/28/07 08:28 PM)


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dwayne
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Reged: 06/09/07
Posts: 10
Re: any legal circumstances to modify or cancel a QDRO [Re: tugger]
      #264015 - 07/18/07 10:34 PM

First off : Az has a supreme court ? , Are you shure its not superior court ? To reply to your post you should of got involved with your divorce & doing nothing just made it worse , Also some states have a 50% percent rule which means half of everything including your pension plan and any other assets during the marriage , Seams she was smart our got some help & advice on filing on getting your pension , Also you got a huge time period thats way out there and some courts have time limits your best bet is to see a lawyer big time !!!

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Lucy44
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Reged: 07/11/05
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Re: any legal circumstances to modify or cancel a QDRO [Re: dwayne]
      #264037 - 07/19/07 03:05 AM

" Az has a supreme court ? "

Yes.

"Are you shure its not superior court ?"

Correct.

If she was already collecting, he would have been notified before the payments began.

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


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zpinkney
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Reged: 09/18/07
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Re: any legal circumstances to modify or cancel a QDRO [Re: tugger]
      #292866 - 09/19/07 09:57 AM

My husband just recieved a notice saying that hjis ex will receive 50% of his pension. it is anyway we can stop this? they didn't have children at all, she has a child with another guy while the were married and try to past the baby like my husband's baby, and they were together for 8 years from the day they got married to when the divorce started.
I think is not fair beacuse we have two children, we just have his pension. she earns more money than him, she got the house and she has to pay him 50% from the house she said she won't do it. and now she got 50% of his pension.

Does his entitled to her pension, too? She still working.


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Goodmom
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Reged: 06/17/07
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Re: any legal circumstances to modify or cancel a QDRO [Re: zpinkney]
      #294644 - 09/23/07 10:20 AM

Quote:

My husband just recieved a notice saying that hjis ex will receive 50% of his pension. it is anyway we can stop this? they didn't have children at all, she has a child with another guy while the were married and try to past the baby like my husband's baby, and they were together for 8 years from the day they got married to when the divorce started.
I think is not fair beacuse we have two children, we just have his pension. she earns more money than him, she got the house and she has to pay him 50% from the house she said she won't do it. and now she got 50% of his pension.

Does his entitled to her pension, too? She still working.




The court order is what has to be followed. If her pension was not acquired during their marraige, he doesn't get any of it. The portion that was acquired during their marriage is subject to division at the time of the divorce ,if it wasn't addressed then, it probably is too late now. There is only a small window to appeal a ruling.

However, he can file contempt of court charges against his ex to compel her to pay him what she owes him for his share of the house. He can also ask to have a lien put on the house until such a time as she does pay what she owes. A lien will mean that she can't sell the house until she pays him.


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