Divorce Source Community Forums >> Pension Issues

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Reged: 04/19/11
Posts: 1
Post Office Pension
      #742180 - 04/19/11 09:38 AM

I know there may be some complaints because I am the NEW Husband but Trust me She is better off now.
I have taken on this task because my wife has lost patience with this issue.
My wife was married for 26 years to her ex, during that time he was employed as a postal carrier. In the divorce decree his ex (my current wife) is entitled to half of his retirement accrued up to the day of the divorce upon his retirement. This was agreed on by both parties and is stipulated in the divorce. Her ex retired May of 2010, my wife called the postal benefits office and was told to mail the divorce decree to them. She later received a letter stating the divorce decree must be court certified. She obtained a court certified copy and sent it in. They stated they never received it so she sent in another copy, which they claimed they never got. In December we finally got smart and sent in another certified copy, but this time sent it certified mail. Now the only answer I can get is that it is in the computer. I have obtained a phone number (which is very difficult to get) of the person assigned the case from the court ordered benefits branch. Now I have been calling numerous times each and every day for over 3 weeks and can not get her to answer the phone. I have left a polite message for her to call me each day with the csa number as she asks in the voice mail. Am I being naive in assuming this would be a cut and dried case since both parties agreed or do I need to contact a lawyer to get this moving forward? Is this time frame normal? I guess my frustration is that we can get no information or even talk to someone. My wife was counting on this income and needs to get out of her line of work due to physical problems.
Thanks for any info and support.

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Carpal \'Tunnel

Reged: 11/07/05
Posts: 8852
Re: Post Office Pension [Re: Greg1958]
      #748052 - 05/20/11 09:41 AM

I would expect it to take several months from the time it is received by them for them to garnish his pension. They have to verify that it appears authentic, contains the correct language for distribution, etc. Assuming that is true, then they will notify him that they have received it and he will be given a time period to challenge its authenticity after which they will begin paying her.

Now that is not to say she is not entitled to her portion dating back to his retirement. But you would have to hire a lawyer to pursue him for contempt for not paying her directly while the garnishment is being worked out.

It is also possible that they will find the decree too vague to determine her exact benefit and you will have to get a QDRO or clarifying order to send them. Unless the divorce decree contains an amount or exact percentage (50% of what is accrued up to this point is NOT exact unless you determine what value is accrued up to that point - like 50% of $3,000 month) I can almost promise you they will kick it back and tell you that you need a clarifying order.

Forgiveness is...letting go of the hope that the past can be changed.

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Reged: 06/02/05
Posts: 1802
Loc: Ohio
Re: Post Office Pension [Re: elliesmom]
      #752171 - 06/18/11 12:38 PM

This is late post but thought it might help someone in the future.

ALERT: The QDRO should have been done at the time of the final divorce court hearing and all of this would have been avoided. The poster's wife's attorney, had it been a good divorce attorney, would have mentioned that and pushed that the ex wife to actually get this done. Now it may be too late.

Had the QDRO been done then, the postal pension would have been split at that time and the funds due to the ex wife would have been set up in a separate account for her.

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

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old hand

Reged: 06/05/05
Posts: 926
Loc: NY
Re: Post Office Pension [Re: Greg1958]
      #752265 - 06/19/11 08:11 AM

I believe the post office pension is a federal pension. Check out [censored].opm.gov and do a search under retirement. Somewhere on this website is a booklet on how to pursue the part of the retirement that a divorced spouse is entitled to.

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