QDRO

Posted by: CashLady

QDRO - 09/14/11 02:32 PM

Anyone know anything about ammending a QDRO?
Divorce decree states the date of marriage to the date of seperation instead of date of marriage to date of divorce. Is this something that could be ammended? The other party would not be affected in any way. The one receiving the money would benefit. How would I go about this if the other party will not agree to sign anything regarding this matter?
Thanks in advance.
Posted by: DedicatedDad

Re: QDRO - 09/14/11 08:56 PM

Do you have some other legal document that says it should be to the date of divorce? QDRO's are often only to the date of separation.
Posted by: CashLady

Re: QDRO - 09/15/11 09:45 AM

No, I do not.
His attorney prepared it and I did not question at the time since I was ignorant to the fact that not all QDRO's are written equally. I have been told if he will sign the paperwork, then I will have no problem...that is the problem.
Posted by: DedicatedDad

Re: QDRO - 09/16/11 12:32 PM

Then there's nothing you can do. There's no legal action you take that would be successful. I am curious how the change of date would not effect your ex at all (thus his reluctance to change it). Logically, it seems that if the date were made later, you would get a larger percentage, and if you get more, he would have to get less.
Posted by: CashLady

Re: QDRO - 09/22/11 09:04 AM

Percentage is based on # of years married. My portion is 50%. Was told early on my amount would be $[censored].xx, somehow that was reduced by several hundred per month. Reason for this as I was told is due to fact that I am under 65 years of age. However, his monthly pension amount is not reduced due to the fact he is under 65.

Also, if I wait till 65 (supposedly to draw a larger monthly amount)and should he decease between now & then, I received nothing. I do not understand how this can be called a "QDRO". I thought a QDRO was put in place to protect the amount I am entitled. I do not see where I am protected at all.
Posted by: DedicatedDad

Re: QDRO - 09/23/11 08:22 PM

What you wrote sound pretty standard for some company's pensions. When can you start drawing, what are your ages, and how is his health? Those are things you will have to weigh to determine when to start collecting.

You probably already know this, but your SS might be higher using his lifetime earnings if you were married for 10 or more years and have not remarried.